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Biden’s Parole-in-Place Policy Gives Important Legal Protections to Undocumented Spouses of U.S. Citizens

Parole-in-PlaceOn June 18, 2024, the Biden’s Administration announced a new parole-in-place policy aimed at helping certain noncitizen spouses of U.S. citizens apply for lawful permanent residence without leaving the United States. Here’s what you need to know:

What Is Parole-in-Place?

Traditionally, when noncitizens married to U.S. citizens apply for their green card, they must leave the U.S. and undergo processing abroad, causing lengthy periods of separation from their U.S. citizen family members.

The new parole-in-place policy is part of the Biden Administration’s efforts to address the challenges posed by the current process by allowing eligible individuals to apply for their green cards and await processing of their applications without ever having to leave the country.

It is expected that this policy will have a significant impact, as DHS estimates that about 500,000 noncitizen spouses could qualify.

Who is Eligible for Parole-in-Place?

To qualify for parole-in-place consideration under this policy, individuals must meet the following criteria:

  1. Applicants must be present in the United States without admission or parole.
  2. Applicants must have been continuously present in the U.S. for at least 10 years as of June 17, 2024.
  3. Applicants must have a legally valid marriage to a U.S. citizen as of June 17, 2024.
  4. Applicants must have no disqualifying criminal history and must not pose a threat to national security or public safety. Their case should demonstrate a deserving exercise of discretion.

How Do You Apply for Parole-in-Place?

Eligible individuals will first be required to submit a specific form to U.S. Citizenship and Immigration Services (USCIS), along with supporting documentation to demonstrate eligibility.

USCIS will then review each application on a case-by-case basis to determine if parole is warranted and if the applicant merits a favorable exercise of discretion. For more on this process, please see the USCIS website.

Detailed guidelines on eligibility criteria, the application process, and timelines will be published in the Federal Register soon. PLEASE NOTE that USCIS will reject applications submitted before the official application period begins later this summer.

Want More Information?

For more information on how these reforms may impact your immigration journey or to explore your legal options, contact our experienced immigration attorneys today at (513) 334-3008.


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