Biden-Harris Administration Launches Parole-in-Place Initiative to Promote Family Unity

By: Jacqueline Gonzalez-Valle

Introduction

On July 18, 2024, the Biden-Harris Administration announced that eligible spouses and children of U.S. Citizens will be able to apply for a new Parole-in-Place process to eventually obtain legal permanent resident status while remaining with their families in the United States. USCIS has now announced that it will begin accepting these applications on August 19, 2024. 

Summary

On June 18, 2024, President Biden introduced a new initiative to help U.S. citizens with noncitizen spouses and children who have been in the U.S. for 10 years or more keep their families together. This initiative will allow certain noncitizen spouses and children to apply for Parole-in-Place, which, if granted, will allow them to apply for lawful permanent residence without leaving the country. This measure is expected to benefit approximately half a million spouses of U.S. citizens and 50,000 noncitizen children whose parent is married to a U.S. citizen. USCIS will begin accepting applications starting August 19, 2024.

The eligibility requirements for the discretionary grant of parole are as follows:

• Be present in the United States without admission or parole;
• Have been continuously present in the U.S. 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;
• Have NO disqualifying criminal history and not constitute a threat to national security or public safety; and
• Merit a favorable exercise of discretion.

Once this parole application is approved, the noncitizen spouse will have three (3) years in which to apply for permanent residency through an adjustment of status (AOS) application. USCIS will also consider certain noncitizen children of requestors under this process if, as of June 17, 2024, they were physically present in the United States without admission or parole and have a qualifying stepchild relationship to a U.S. citizen.

Although USCIS is not currently accepting applications, they have provided guidance on certain evidence that will be needed in order to file a parole application, including the following:

• Marriage Certificate to a U.S. citizen as of June 17, 2024; 
• Proof of identity, including a valid driver’s license or identification, birth certificate, valid passport, or a government issued document;
• Evidence of spouse’s U.S. citizenship;
• Documentation to establish continued presence in the United States for at least 10 years, as of June 17, 2024, such as rent receipts or utility bills, school records, medical records, bank statements, rental contracts, insurance policies, tax returns, birth certificates of US citizen children, and many others. 

 Conclusion            

For any questions or to determine your eligibility, please contact your trusted Chugh, LLP immigration professional.