Parole in Place - Antone, Casagrande & Adwers, P.C

Relief for Undocumented Spouses of U.S. Citizens and their Children

On June 18, 2024, the White House initially announced that the Department of Homeland Security (DHS) is establishing a process to consider, on a case-by-case basis, requests for Parole in Place from certain noncitizen spouses of U.S. citizens and their children who have been in the U.S. for at least decade. Additional information has been and continues to be released.

Per current information, if granted Parole in Place (PIP), the noncitizen spouse would then be able to apply for permanent residency (a green card) from within the United States, through the adjustment of status process, instead of needing to depart the United States and apply at a U.S. consulate abroad. Noncitizen spouses who are granted PIP will be provided up to a three-year period within which they may apply for adjustment of status. During that time, they will be eligible for work authorization and protected from removal.

Eligible applicants will be able to submit applications for the new PIP program starting August 19, 2024.

Eligibility

Undocumented spouses may qualify for the new discretionary PIP program if they meet all 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;
Not pose a threat to national security or public safety;
Be able to satisfy all other applicable legal requirements; and
Otherwise merit a favorable exercise of discretion by DHS.

A noncitizen child of a parole applicant may also qualify, and to be eligible, they must:

Be 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 (unmarried and under 21 and must have been under the age of 18 at the time of the marriage that created the stepchild relationship).

Further details on the eligibility criteria, and how to apply, including proper forms and fees, are expected in a Federal Registrar in the coming weeks. These details may be vital in determining filing strategy. We will continue to share updates as we learn them.

The announcements can be found here: FACT SHEET: DHS Announces New Process to Promote the Unity and Stability of Families | Department of Homeland Security (June 17, 2024); FACT SHEET: President Biden Announces New Actions to Keep Families Together | The White House (June 18, 2024); NEWS ALERT: Reminders on the Process to Promote the Unity and Stability of Families | Department of Homeland Security (July 17, 2024); FACT SHEET: Biden-Harris Administration Announces New Actions to Expand Opportunities for Latino Communities and Ensure Every Family Has a Fair Shot at the American Dream | The White House (July 17, 2024).