Biden Administration Announces New Parole-in-Place Program with Pathway to Lawful Permanent Residence for Certain Undocumented Spouses and Children of U.S. Citizens
President Biden has announced that the Department of Homeland Security (DHS) will take action to ensure that U.S. citizens with noncitizen spouses and children can keep their families together. It is important to note that nothing can be filed with DHS/USCIS yet!
Below are two helpful documents that describe the basics of the announcement so far. Click to read or download these resources:
To be considered on a case-by-case basis for this process, an individual must:
Be present in the United States without admission or parole;
Have been continuously present in the United States for at least 10 years as of June 17, 2024; and
Have a legally valid marriage to a U.S. citizen as of June 17, 2024.
In addition, individuals must have no disqualifying criminal history or otherwise constitute a threat to national security or public safety and should otherwise merit a favorable exercise of discretion from the government.
Noncitizen children of U.S. citizens may also be considered for parole under this process if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship to a U.S. citizen as of June 17, 2024.
To be considered for parole, an individual will need to file an application form with supporting documentation and a filing fee with USCIS. Additional information regarding eligibility and the application process, including a notice in the Federal Register, will be published soon. USCIS will reject any filings or applications/requests received before the date when the application period begins later this summer.
The White House Briefing Room shared the following details:
This new process will help certain spouses and children of U.S. citizens apply for lawful permanent residence – status that they are already eligible for – without leaving the country.
These actions will promote family unity and strengthen our economy, providing a significant benefit to the country and helping U.S. citizens and their noncitizen family members stay together.
Those who are approved after DHS’s case-by-case assessment of their application will be eligible for work authorization for up to three years and afforded a three-year period to apply for permanent residency.
CNN reports that the action will provide legal status and protections for about 500,000 American families and roughly 50,000 noncitizen children of immigrants under the age of 21 whose parent is married to a US citizen.
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