The Department of Homeland Security (DHS) recently announced a significant step toward fulfilling President Biden’s commitment to promoting family unity within the immigration system. This new process aims to consider requests on a case-by-case basis for certain noncitizen spouses of U.S. citizens and their children if they meet certain criteria. It allows noncitizen spouses of U.S. citizens and their children, who meet the eligibility criteria, to apply for parole in place.
If the Parole in Place is granted, these individuals can then apply for adjustment of status (green card) to become permanent residence without leaving the United States, as well as apply for employment authorization.
Eligibility Criteria
To be considered for a discretionary grant of parole in place under this process, non citizen spouses of US citizens must meet the following criteria:
- Have entered the United States without inspection (admission or parole).
- Have been continuously present in the United States for at least 10 years as of June 17, 2024.
- Have a legally valid marriage to a U.S. citizen as of June 17, 2024.
Additionally, applicants should not have any disqualifying criminal history or pose a threat to national security or public safety.
USCIS will also assess the overall merit of each case based on a favorable exercise of discretion.
For step-children of US citizen the criteria is:
- Be physically present in the US as of June 17, 2024 and
- Have a step-child relationship by that date.
Application Process
To initiate the parole in place request, individuals will need to file a form with USCIS and provide supporting documentation to demonstrate their eligibility. USCIS will also require the payment of a fee, the details of which will be provided soon by immigration. It is important to note that USCIS will only accept filings after the publication of the Federal Register Notice, and any applications received before that date will be rejected.
Assessment and Duration of Parole
USCIS will review each parole in place request on a case-by-case basis, considering factors such as previous immigration history, criminal records, background checks, and national security vetting. If granted, parole can be valid for up to three years. During this period, eligible spouses of U.S. citizens can file an Application to Register Permanent Residence or Adjust Status (Form I-485) along with a concurrent Petition for Alien Relative (Form I-130), if applicable. At the end of the parole period, USCIS expects that these individuals will either have a pending adjustment application or have completed the adjustment adjudication process and have their green cards.
When will the process start?
USCIS will soon publish a Federal Register Notice with detailed information about the application process, forms to be filed, associated fees, required documentation, and supporting evidence. The application process is expected to begin later this summer. USCIS will reject any filings received before the official start date.
What could you do in the meantime?
While we wait for USCIS to announce the next steps, you can start gathering documentation to prove you have continuously presented in the U.S. for 10 years before June 17, 2024; as well as proof of your legal marriage to a US citizen prior to that date.
