Green Card Through I-131F: Is It Possible?

The I-131F form, introduced under the Biden administration's "Keeping Families Together" initiative, serves as an "Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens." Here's what you get with the I-131F and how it relates to obtaining a Green Card:

What You Get with the I-131F

1. Parole in Place (PIP):

   • The primary benefit of the I-131F form is obtaining Parole in Place. This status allows certain noncitizen spouses and stepchildren of U.S. citizens to remain in the United States without facing deportation, even if they entered the country without proper documentation or overstayed a visa.

2. Temporary Legal Status:

   • Parole in Place grants temporary legal status, which protects you from removal while your application is being processed. It also provides eligibility to apply for work authorization (Form I-765), enabling you to work legally in the U.S.

3. Pathway to Adjustment of Status:

   • While the I-131F itself does not directly lead to a Green Card, it can set the stage for further steps in your immigration journey. By securing Parole in Place, you may become eligible to apply for a Green Card (permanent residency) through the adjustment of status process, provided you meet the other requirements.

Is It Possible to Get a Green Card?

Yes, it is possible to get a Green Card after receiving Parole in Place through the I-131F program, but it is not automatic. Here’s how it works:

1. Eligibility for Adjustment of Status:

   • After receiving Parole in Place, you may apply for a Green Card through adjustment of status if you are otherwise eligible. Typically, this involves filing Form I-485, Application to Register Permanent Residence or Adjust Status.

   • To adjust status, you generally need to be in the U.S. legally, and Parole in Place helps you meet this requirement by granting you a lawful entry status.

2. Family-Based Petition:

   • In most cases, your U.S. citizen spouse or step-parent will need to file a family-based immigrant petition (Form I-130) on your behalf. Once the petition is approved and your priority date becomes current, you can proceed with your Green Card application.

3. No Need to Leave the U.S.:

   • One of the key benefits of Parole in Place is that it allows you to adjust your status without having to leave the United States. This is particularly important if you would otherwise be subject to a bar on re-entry due to unlawful presence.

Conclusion

The I-131F form under the Biden program is a powerful tool for certain noncitizen family members of U.S. citizens. It provides temporary legal protection and work authorization while setting the foundation for a future Green Card application. However, obtaining a Green Card is not guaranteed and will require additional steps, including filing the appropriate forms and meeting all eligibility criteria.

For those navigating this process, seeking legal advice is strongly recommended to ensure that all requirements are met and that the path to permanent residency is as smooth as possible.