The Biden Parole in Place program is intended to allow U.S. Citizen Spouses and Stepchildren who entered the U.S. illegally before June 17, 2014 to apply for their green cards in the U.S. Thus avoiding the need to leave the U.S. and file waivers for the 10-year unlawful presence bar.
The 10-year unlawful presence bar would only be triggered should the green card applicant be 18 years and 6 months old or older and leave the U.S. to apply for an immigrant visa at a U.S. Embassy or Consulate abroad.
Since this parole program is designed to allow the applicant to apply for adjustment of status to get their green card by remaining in the U.S., the applicant would not be subject to the 10-year unlawful presence bar simply because they would not have to leave the U.S. to apply for a green card.
Thus, this parole program does NOT remove the 10-year unlawful presence bar, but simply allows the applicant to avoid it altogether. Given how this works out, it may give some the impression that this parole program removes “10-year bars”, but this is in fact NOT true.
Anyone who is subject to a 10-year bar such as the 10-year permanent bar MAY NOT be eligible for a green card even if their parole in place is approved.
While this parole program may allow some immigrant applicants to avoid the 10-year unlawful presence bar, it will NOT remove any 10-year bars. Moreover, this parole program will not remove or remedy removal or deportation orders, or any other bar or ground of inadmissibility.
If you have any doubts about yours or someone else’s prospective eligibility for the Biden Parole in Place program, you should contact an immigration attorney or BIA accredited representative to help you determine whether this program would be a suitable option.
Also, keep in mind that this program is subject to being blocked by litigation, which could prevent green card applicants from being able to get their green cards through this program.
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