Parole in Place for Certain Spouses of U.S. Citizens


SCHEDULE A CONSULTATION

Beginning August 19, USCIS will start accepting applications for Parole in Place (PIP) for spouses of U.S. citizens who entered the country illegally and have remained in the U.S. for over 10 years. Parole in Place would allow these spouses to adjust their status to lawful permanent resident (LPR) without leaving the U.S. and applying for a waiver of their ground of inadmissibility due to the bar triggered by their departure after an illegal reentry. To maximize the likelihood of approval, it is recommended to apply as early as possible after August 19, especially in anticipation of potential changes in administration.

Overview of Parole in Place Program

The Parole in Place program is designed to keep families together by allowing certain undocumented spouses of U.S. citizens to remain in the United States while applying for lawful permanent residence. On July 17, 2024, USCIS published an announcement detailing this process, which aligns with the Biden-Harris administration’s commitment to promoting family unity. The Department of Homeland Security (DHS) will consider requests for parole in place on a case-by-case basis for eligible noncitizen spouses who have been in the U.S. for at least a decade. If granted, these noncitizens can apply for permanent residence based on their marriage to a U.S. citizen without having to leave the United States.

USCIS will begin accepting applications on August 19. Any applications submitted before this date will be rejected. Detailed information about eligibility and the application process will be provided in a forthcoming Federal Register notice.

Eligibility Criteria

To be considered for parole in place under this program, the applicant must meet the following criteria:

  • 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.
  • Have a legally valid marriage to a U.S. citizen as of June 17, 2024.
  • Not have any disqualifying criminal history or pose a threat to national security or public safety.
  • Otherwise merit a favorable exercise of discretion.

More details about these eligibility criteria will be available as USCIS implements this program.

Preparing For the Parole in Place Application

Although USCIS is not currently accepting applications, you can begin preparing by gathering evidence of your eligibility. This may include:

  • Proof of a legally valid marriage to a U.S. citizen as of June 17, 2024.
  • Documentation of your identity, which can include expired documents like a driver’s license, birth certificate with photo ID, valid passport, or any government-issued document bearing your name, date of birth, and photo.
  • Evidence of your spouse’s U.S. citizenship, such as a passport, birth certificate, or Certificate of Naturalization.
  • Documentation establishing your continuous presence in the United States for at least 10 years, such as rent receipts, utility bills, school records, hospital or medical records, attestations from religious entities or organizations, money order receipts, birth certificates of U.S.-born children, dated bank transactions, automobile license receipts, deeds, mortgages, rental agreements, insurance policies, or tax returns.

Timeline and Further Information

The detailed application process, including the government form and associated filing fees, will be outlined by USCIS once implemented. Processing times for parole applications currently range from months to 1-2 years. Until then, prospective applicants can prepare by collecting the necessary documentation, consulting with a Myers Immigration Law immigration lawyer, and monitoring USCIS updates.

Disclaimer

Although USCIS historically promised not to share information with enforcement authorities such as Immigration & Customs Enforcement (ICE), illegal entrants to the United States are subject to removability (i.e. deportation) procedures, so sharing name and address information with USCIS could be a risk if a future administration wishes to use this information for enforcement.

Conclusion

At Myers Immigration Law, we are committed to helping families navigate the complexities of immigration law. If you or your spouse are eligible for Parole in Place, we encourage you to begin preparing your documentation now. Our team is ready to assist with the preparation and filing of applications to ensure you can take advantage of this opportunity to keep your family together and secure your future in the United States. Contact us today for personalized guidance and support.

 

The above is informational and not intended to be legal advice. Please consult with an experienced business immigration attorney on your specific facts and circumstances before proceeding with any U.S. immigration strategy.