On June 18, the Department of Homeland Security (DHS) announced new actions to promote family unity in the immigration process. This announcement aligns with the Biden-Harris administration’s commitment to keeping families together. The 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 who have been in the U.S. for at least a decade. If granted, these noncitizens can apply for lawful permanent residence without leaving the United States.
Eligibility Criteria
To qualify for a discretionary grant of parole, applicants 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.
- Have no disqualifying criminal history and not pose a threat to national security or public safety.
- Otherwise merit a favorable exercise of discretion.
Additionally, certain noncitizen children of requestors may also be considered if they meet specific criteria.
Application Timeline
USCIS will begin accepting applications on August 19. Applications submitted before this date will be rejected. Detailed information about eligibility and the application process will be published in a forthcoming Federal Register notice.
Preparation Steps
Although applications are not yet being accepted, potential applicants can begin preparing by gathering necessary evidence, such as:
- Proof of a legally valid marriage to a U.S. citizen as of June 17, 2024 (e.g., marriage certificate).
- Documentation of identity (e.g., valid state or country driver’s license, birth certificate with photo ID, valid passport).
- Evidence of the spouse’s U.S. citizenship (e.g., passport, birth certificate, Certificate of Naturalization).
- Documentation proving continuous presence in the United States for at least 10 years (e.g., rent receipts, utility bills, school records, hospital or medical records, dated bank transactions).
For noncitizen children of requestors, evidence of eligibility could include:
- Proof of the child’s relationship to the noncitizen parent (e.g., birth certificate, adoption decree).
- Proof of the noncitizen parent’s legally valid marriage to a U.S. citizen.
- Evidence of the child’s presence in the United States as of June 17, 2024.
Beware of Scams
Immigration scams are pervasive. It is crucial to remember that you cannot apply for this process yet. If you see someone offering services to file an application before the official process begins, report them immediately. Only licensed attorneys or accredited representatives working for Department of Justice-recognized organizations can provide legal services related to immigration.
Signs of an unethical practitioner may include:
- Promising guaranteed outcomes or money-back guarantees.
- Using predatory or threatening pricing structures.
- Asking you to sign blank documents or not allowing you to review what you sign.
- Asking to keep your signature on file.
To protect yourself from scams:
- Do not pay for government application forms; they are free and available at uscis.gov/forms.
- Ask for a written agreement describing the services provided and keep a signed copy for your records.
- Get copies of all documents prepared for you.
- Ask for a written receipt that includes the name and address of the provider.
USCIS officials will never contact you through social media platforms. They will only use official government channels. Report any suspicious activity to the USCIS Report Immigration Scams webpage.
USCIS is committed to protecting the integrity of the immigration system. Individuals committing immigration fraud may be found ineligible for this and future benefits and can be punished by law. The public is encouraged to report immigration fraud and abuse through the online tip form. For more information and updates, visit the Process to Promote the Unity and Stability of Families webpage on the USCIS website.
USCIS link: https://www.uscis.gov/newsroom/alerts/reminders-on-the-process-to-promote-the-unity-and-stability-of-families
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.