On June 18, President Biden announced a program that would grant parole in place on a case-by-case basis to spouses and stepchildren of U.S. citizens. This program is estimated to benefit over half a million noncitizens by allowing them to pursue lawful permanent residence without having to leave their families or communities. Yesterday, the President announced that applications for this program will open August 19, 2024. To be eligible, the spouse of a U.S. citizen 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; and
- Have been legally married to a U.S. citizen as of June 17, 2024
Stepchildren of U.S. citizens who are physically present in the U.S. and who have a valid parent-stepchild relationship as of June 17, 2024, will also be eligible to apply for parole.
Additional details regarding eligibility, the application form, and the application fee will be released soon as part of a notice in the Federal Register. We recommend you consult with our experienced team of immigration attorneys at HSPRD to determine the risks and potential benefits so you can make an informed decision with your family and loved ones.
Q: What is parole in place and how does this help nonimmigrants? I thought someone could already get a greencard if they are married to a U.S. citizen.
A: Typically, a person who enters the United States without inspection (for example, through a land or sea border without being inspected by a Customs and Border Protection officer), is unable to obtain a family-based greencard without leaving the U.S. to attend an appointment abroad at a U.S. consulate or embassy. This applies even to people who are married to a U.S. citizen, who have U.S. citizen children, and who have called the U.S. their home for decades. When an individual is in the U.S. for a year or more without authorization, they trigger a 10-year bar of inadmissibility when they leave the U.S. to attend their consular appointment, meaning they become ineligible for a greencard for 10 years. Spouses and children of U.S. citizens or lawful permanent residents are able to apply for a provisional unlawful presence waiver before leaving the U.S. to go to their consular appointment to avoid triggering the 10-year bar so that they can return to the U.S. as permanent residents while avoiding a lengthy separation from their families. However, there are numerous setbacks:
(1) the person has to prove extreme hardship to a U.S. citizen or lawful permanent resident spouse or parent to qualify for the waiver, which is a high bar that not everyone can meet.
(2) this waiver is only available for individuals who are inadmissible due to a 10-year bar. If they are inadmissible for another reason, for example due to criminal history, they cannot apply for this waiver in advance. They would have to apply once they leave the U.S., which is risky and involves a lengthy separation from their home and family.
(3) processing times for this waiver are currently taking almost 4 years to process.
(4) the nonimmigrant has to leave the U.S., which comes with the risk of being stuck outside the country for years, during which they are separated from their family.
Overall, the provisional unlawful waiver process is risky, stressful, time consuming, and costly. Parole in place puts the person in a similar position to someone who entered the U.S. with inspection. It allows the person to obtain their greencard without having to leave the U.S., triggering a 10-year bar, or needing to apply for a waiver. It is much more cost and time effective, and there is less risk because the person can apply for their greencard without leaving the U.S. It also opens up possibilities for individuals who need additional waivers of inadmissibility to obtain a greencard without having to be separated from their families for many years.
Q: Is parole lawful status?
A: Parole is not an immigration status. It is temporary authorization to remain in the United States. This program will grant parole for a period of up to three years, during which a person can obtain employment authorization and a social security card and be granted protection from deportation. Once a person has parole, they are able to apply for permanent residence based on a family petition filed by their U.S. citizen spouse, so long as they are admissible to the U.S. or eligible for a waiver of inadmissibility.
Q: Can I apply now?
A: No, applications will open on August 19, 2024. We do not have full details on this program, nor has an application to apply been published. Beware of scams! In the meantime, you can start collecting your marriage certificate and evidence of the fact that you have been lawfully present in the U.S. for 10 years, such as tax returns, 1099s/W2s, paystubs, leases, medical records, etc.
Q: I have a criminal history. Do I qualify?
A: We will have full details on what type of criminal history will disqualify someone once the notice is published in the Federal Register.
Q: I am in immigration court. Do I qualify?
Yes, the USCIS website states that individuals who are in removal proceedings may apply for parole if they otherwise qualify. If you are an applicant for cancellation of removal or asylum who meets the requirements, this may be a great option.
Q: I have a removal order. Do I qualify?
A: We do not know yet whether individuals have been ordered removed will qualify for parole. Although nothing in the press releases from the White House suggest a person is disqualified if they have an order of removal, the press releases say that the individual’s immigration history will be taken into account. We hope to have more details once the notice is published in the Federal Register.
Q: I entered the U.S. without inspection multiple times. Do I qualify?
An individual who has made multiple entries to the U.S. without inspection may be subject to a permanent bar if they accrued over a year of unlawful presence prior to their most recent departure from the U.S. If this program is like other types of parole, the parole will only cure an unlawful entry and not a permanent bar. The person needs to be otherwise admissible to be able to adjust status or be eligible for a waiver. We will have more details once the notice is published in the Federal Register.
Q: I entered the U.S. with a visa. Does this help me?
A: No, this program only benefits individuals who entered the U.S. without admission or parole. Individuals who entered on a visa are already able to apply for adjustment of status if they are admissible and married to a U.S. citizen. The exception to this may be individuals who entered the U.S. on a crewmember visa. We should know whether crewmembers are able to apply for parole-in-place once the notice is published in the Federal Register.
Q: Is the future of this program guaranteed?
A: No, this is a policy announced by the Biden administration that could be halted by lawsuits. Moreover, if there is a change in administration, this program could be ended altogether. Filing for parole in place could come with risks as you would be alerting immigration that you are present in the U.S. without inspection. If the program is ended or the application is denied, there is a potential to be placed in removal proceedings before an immigration judge. We recommend consulting with our experienced team of immigration attorneys at HSPRD to determine your options and potential relief from removal.
