Parole in Place for Undocumented Spouses of US Citizens

In this article we discuss Biden’s Administration Parole in Place for undocumented spouses and children of US citizens.

On June 18, 2024, President Biden announced a series of immigration actions aiming to reunite families separated by immigration status. These actions will help certain undocumented individuals in the United States

This new process addresses a major concern for many immigrant families. By allowing undocumented spouses of US citizens to apply for permanent residency within the U.S., DHS aims to promote stability and unity within these families.

What is the parole in place for undocumented spouses?

The Department of Homeland Security (DHS) is taking a significant step towards President Biden’s goal of promoting family unity within the immigration system. This new initiative offers a pathway to lawful permanent residence for certain noncitizen spouses and children of U.S. citizens who have been living in the United States for a decade or more.

Spouses and children of US citizens who have been living illegally in the United States for at least 10 years can qualify for parole in place. USCIS will consider each case on its merits.

Eligibility

You are eligible to apply for permanent residence (green card) under the parole-in-place program without leaving the United States, if:

Illegally present in the US: You are in the United States after entering without admission or parole.
At Least 10 Years Presence in the U.S.: You have been continuously present in the U.S. for at least 10 years as of June 17, 2024 and have never left.
Married to a U.S. Citizen or Qualifying Stepchild: You have valid marriage to a U.S. citizen or have a qualifying stepchild relationship with a U.S. citizen as of June 17, 2024.
Security and Background Checks: You must pass security screenings and have no disqualifying criminal history or pose a threat to national security or public safety.

Benefits

Potential for Up to 500,000 Spouses to Benefit: DHS estimates this program could help roughly half a million spouses obtain U.S. permanent residency, also known as green card.
Family Reunification: Children of eligible spouses may also be considered for parole.
Parole in place: If you meet the eligibility criteria, the government MAY grant you parole-in-place for a one-time period of 3 years.
Employment authorization: You may also be eligible for employment authorization for up to three years.
Ability to apply for green card: If you are granted parole in place under the new process, you may apply for your green card through adjustment of status (Form I-485) within 3 years.
No Need to Leave the U.S.: Unlike traditional processes, applicants won’t have to travel outside the United States to apply for U.S. permanent residency (green card) within 3 years of being granted a parole in place.

How to Apply

The official application process, including the specific form and required fees, will be announced in a future Federal Register Notice. USCIS emphasizes waiting for this announcement before submitting any applications.

However, this section can provide some general information about what to expect:

USCIS Form: You’ll likely need to file a specific USCIS form along with supporting documents proving you meet the eligibility requirements.
Background Checks: Be prepared for security screenings and background checks as part of the application process.

USCIS Review Process

USCIS will thoroughly review each parole request on a case-by-case basis. They consider various factors, including:

Eligibility Criteria: Meeting all the program’s requirements, such as the 10 years of continuous presence and a valid marriage to a U.S. citizen or a a qualifying stepchild relationship with a U.S. citizen.
Favorable Discretion: USCIS will assess whether granting parole is warranted and you merit a favorable exercise of discretion based on your individual circumstances.
Background Checks: The results of your background checks, including criminal history and national security/public safety vetting, will be a major factor in the decision.

All requests will take into consideration the your previous immigration history, criminal history, the results of background checks and national security and public safety vetting, and any other relevant information available to USCIS.

USCIS will reject any filings or individual requests received before the application period begins later this summer.

Malescu Law can assist

Our experienced immigration lawyers can assist with the parole in place for spouses of US citizens and qualifying stepchildren.

We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.

Contact us or schedule a consultation.

Malescu Law P.A. – Business & Immigration Lawyers