On June 18, 2024, the new “Parole in Place” was unveiled by DHS which was a crucial step to realizing President Biden’s promise of promoting family unity within the immigration system.
Who May Qualify
DHS will evaluate, on a case-by-case basis, requests for noncitizen spouses of U.S. citizens who:
- Have been continuously present in the U.S. for 10 years or more without admission or parole.
- Have no disqualifying criminal convictions.
- Do not pose a threat to national security or public safety, and have passed vetting.
- Are eligible to apply for adjustment of status.
- Merit a favorable exercise of discretion.
If granted parole, applicants can apply for lawful permanent residence without needing to leave the U.S. and undergo processing by a U.S. consulate overseas.
Eligibility and Process
To be considered for a discretionary grant of Parole in Place, an individual must:
- Be present in the U.S. without admission or parole.
- Have been continuously present in the U.S. 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.
Additional factors include:
- No disqualifying criminal history.
- Not posing a threat to national security or public safety.
- Meriting a favorable exercise of discretion.
Noncitizen children of spouses who are granted parole may also be considered if physically present in the U.S. and having a qualifying stepchild relationship with a U.S. citizen parent as defined by the Immigration and Nationality Act as of June 17, 2024.
To apply, individuals will need to file a form with USCIS along with supporting documentation and pay a fee. Detailed information about eligibility and the application process will be published soon. USCIS will reject any filings received before the official start date of the application process later this summer.
USCIS has indicated that upon receiving a properly filed parole-in-place request, they will determine if parole is warranted based on significant public benefit or urgent humanitarian reasons and whether the applicant merits a favorable exercise of discretion. This suggests that a humanitarian requirement might also need to be met, similar to an extreme hardship waiver.
All requests will consider the applicant’s previous immigration history, criminal history, background checks, national security, and public safety, and any other relevant information available to or requested by USCIS.
Why We Need This
The current system is broken, with processes like the I-601A waiver taking approximately five years to complete.
Key Points to Prepare
- Gather evidence of continuous presence in the U.S. for at least 10 years as of June 17, 2024.
- Obtain proof of a legally valid marriage to a U.S. citizen as of June 17, 2024.
- Collect evidence of additional favorable discretionary factors.
Employment Authorization
If granted this parole, individuals can apply for an Employment Authorization Document (EAD) using Form I-765 with the (c)(11) category code. Further details will be provided in the forthcoming Federal Register Notice.
If you have questions or want to stay informed about this new law contact our office at 916-613-3553 or email us at info@ranchodlaw.com