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The Keeping Families Together Parole in Place (PIP) program offers a unique opportunity for certain noncitizen spouses and stepchildren of U.S. citizens to remain in the United States and potentially adjust their status to lawful permanent residents. We discuss this new program here.
However, applicants with a criminal history or those who have been involved in removal proceedings may face presumptions of ineligibility. Understanding these presumptions and how to overcome them is crucial to successfully navigating this process.
Crimes That Make an Applicant Ineligible
USCIS has specified that certain serious offenses automatically disqualify an applicant from the Keeping Families Together PIP program. These disqualifying crimes include:
All felony convictions: including felony driving under the influence (DUI) offenses, result in automatic disqualification
Murder, Torture, and Rape: Convictions for these severe crimes result in automatic ineligibility.
Sexual Abuse and Exploitation: This includes offenses related to sexual abuse, exploitation of minors, or child pornography.
Violent Crimes: Such as aggravated assault and domestic violence.
Offenses Involving Firearms and Explosives: Crimes related to the illegal use or possession of firearms, explosive materials, or destructive devices.
Human Trafficking and Slavery: Convictions related to peonage, slavery, involuntary servitude, and trafficking in persons.
Serious Drug Offenses: Involvement in controlled substance offenses, excluding simple possession of 30 grams or less of marijuana.
These offenses are considered so severe that they preclude eligibility for the program, regardless of other circumstances.
Overcoming Presumptions of Ineligibility
For other criminal convictions or if the applicant is subject to removal proceedings, or has an unexecuted final removal order, there may be a rebuttable presumption of ineligibility. This presumption can be challenged by presenting compelling evidence to demonstrate that the applicant merits a favorable exercise of discretion. USCIS considers the following factors when evaluating whether an applicant has successfully overcome this presumption:
Nature and Circumstances of the Offense:
The seriousness of the offense and whether it involved violence or harm.
Whether the offense was an isolated incident or part of a pattern of behavior.
Age and Time Since Conviction:
The applicant's age at the time of the offense.
How much time has passed since the conviction and any subsequent rehabilitation efforts.
Sentence or penalty imposed.
Evidence of Rehabilitation:
Completion of court-ordered programs, therapy, or community service.
Demonstrated positive contributions to society, such as stable employment and community involvement.
Whether the conviction was expunged or vacated under state law:
The applicant must demonstrate the reasons for the expungement or vacatur, including the nature of the underlying offense.
Existence of a mental or physical condition:
That may have contributed to the criminal conduct.
Whether the applicant is particularly subject to vulnerability because of a physical or mental condition requiring treatment or care in the United States.
Whether the applicant was a victim of or witness to criminal activity:
Including domestic violence, civil rights violation or labor rights violation under investigation by a labor agency.
Applicant’s or U.S. citizen spouse’s status as a current or former member of the U.S. military.
Impact on U.S. Citizen Family Members:
The extent of hardship that denial of PIP would impose on U.S. citizen family members, particularly children or elderly parents.
Role as a caregiver for an individual with disabilities, including U.S. citizen in-laws or siblings.
Evidence of good character:
Including property ties, business ties or value and service to the community.
The applicant’s length and presence in the United States.
Circumstances of Removal Proceedings:
If the applicant has an unexecuted final removal order, USCIS will consider the reasons for the order and whether there are compelling reasons to grant parole despite it such as lack of counsel, age at the time the order was issued, the adequacy of notice and extenuating circumstances such as language comprehension issues, status as a victim of violence or lack of resources.
Exercise of Discretion
In all cases regardless of criminal history, USCIS will examine the totality of the circumstances to determine whether an applicant merits a favorable exercise of discretion on a case-by-case basis to warrant the granting of the parole. Factors that USCIS may consider include:
Community ties;
Advanced or young age;
Length of presence in the United States;
Status as a parent or caregiver of a U.S. citizen child or elderly parent or in-law; Status as a caregiver for an individual with disabilities, including U.S. citizen in-laws or siblings;
Physical or mental condition requiring care or treatment in the United States; Status as a victim of or witness to a crime or civil rights violation, or labor rights violation under investigation by a labor agency;
lmpact on other family members, including family members who are U.S. citizens and Lawful Permanent Residents;
Status, or that of their U.S. citizen spouse, as a current or former member of the U.S. military; or
Other positive factors about which the requestor wishes to provide information."
How Barrera Legal Group Can Help
Navigating the complexities of the Keeping Families Together Parole in Place program, especially if you have a criminal history or removal proceedings, can be challenging. At Barrera Legal Group, we specialize in helping clients overcome these presumptions of ineligibility by presenting strong, persuasive cases to USCIS. If you are facing these challenges, contact us today to discuss how we can help you secure your future in the United States.