Biden Administration Creates Parole In Place Pathway to Legal Status for Undocumented Spouses of U.S. Citizens  

The Department of Homeland Security (DHS) has announced a groundbreaking new initiative aimed at promoting family unity for undocumented immigrants married to U.S. citizens. This significant policy shift allows noncitizen spouses, who have lived in the United States for at least ten years, to apply for lawful permanent residence without the need to leave the country.

Key Features of the New Policy 

The new policy, known as “Parole in Place” (PIP), seeks to grant temporary legal status and work permits to undocumented individuals who are married to U.S. citizens and have resided in the United States for at least ten years as of June 17, 2024. This legal status would enable them to work legally and protect them from deportation while they navigate the process of adjusting their immigration status. 

Under PIP, recipients can apply for permanent residency (green cards) and eventually pursue U.S. citizenship without the need to leave the country, a departure from current requirements that often force individuals to return to their country of origin to apply for legal status. This is especially significant as it helps avoid long-term family separations and the associated emotional and financial hardships. 

Eligibility

To be considered on a case-by-case basis for this process, an individual must meet the following criteria: 

• They must be legally married to a U.S. citizen as of June 17, 2024, 

• They must not pose a threat to public safety or national security and must have no disqualifying criminal history, 

• They must have been present in the United States without admission or parole, 

• They must have been continuously present in the United States for at least 10 years as of June 17, 2024, and,

• They must merit a favorable exercise of discretion. 

The Application Process

Eligible individuals will be able to apply for lawful permanent residence without leaving the United States.

The application process will involve filing a form with U.S. Citizenship and Immigration Services (USCIS), providing supporting documentation, and paying a fee. DHS will review each application on a case-by-case basis, taking into account factors such as previous immigration history, criminal background, and the results of background checks.

The application process is expected to open by the end of summer 2024.

Impact on Families

The new policy is expected to have profound impacts on mixed-status families. By allowing undocumented spouses to legalize their status without fear of deportation, families can stay together and participate more fully in society and the economy. This is not just a matter of immigration policy but also of human rights, as it addresses the precarious situation faced by many families who live in constant fear of separation. 

This policy is expected to benefit nearly 500,000 undocumented spouses of U.S. citizens and an additional 50,000 non-citizen children under the age of 21 whose parent is married to a U.S. citizen. 

Noncitizen children may also be considered for parole under this process if they are physically 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.

Historical Context and Legal Challenges 

The concept of parole in place is not new; it has existed on a smaller scale for the families of U.S. military members since the Bush administration. The current expansion represents the largest relief effort for undocumented immigrants since the 1986 amnesty law that legalized 2.7 million people. 

Despite the positive reception from immigrant advocacy groups and progressive lawmakers, the policy is likely to face legal challenges. The Biden administration’s previous use of parole authority has been contested in court, and there is a history of judicial pushback against similar immigration initiatives.  

While the new process aims to keep families together, it also aligns with the administration’s commitment to national security and public safety. Noncitizens who pose a threat will not be eligible for this process and will be subject to detention or removal. This approach ensures that the policy balances humanitarian concerns with security considerations. 

Other Policy Changes

Additionally, DHS will collaborate with the Department of State to streamline the process for certain employment-based nonimmigrant visas, benefiting DACA recipients and undocumented noncitizens who have graduated from U.S. institutions of higher education. This move aims to enhance U.S. employers’ confidence in hiring talent and facilitating their integration into the workforce. 

Frequently Asked Questions 

1. What if I already have an I-601A (Provisional Unlawful Presence Waiver) pending? 

Speak with an immigration attorney about whether you meet the eligibility criteria under this new Parole-in-Place (PIP) program. If you are eligible for PIP, you will no longer need to wait for an approved I-601A waiver to complete your green card process. PIP will allow you to seek adjustment of status within 3 years, through USCIS.

2. Is PIP available to individuals who are outside of the United States? 

No. PIP is applicable to spouses of U.S. citizens who are presently inside the U.S. 

3. What if my case is pending at the National Visa Center (NVC)?  

Speak with an immigration attorney about whether you meet the eligibility criteria under this new Parole-in-Place (PIP) program. If you are eligible for PIP, depending on how far your case has reached at the NVC, an immigration attorney may advise you to either continue your NVC process or apply for adjustment of status under PIP. 

4. Does PIP help individuals with DACA? 

If you are eligible for PIP and have DACA, you may also seek adjustment of status through your U.S. Citizen spouse.  

5. Am I eligible for PIP if I entered the country legally with my visa? 

PIP is created to streamline the green card process for spouses of U.S. citizens who entered the U.S. without admission or parole. If you entered the country legally, you may seek adjustment of status through existing pathways.  

Planning Your Roadmap to Success 

Whether you are seeking assistance with visa applications, green cards, citizenship, or any other immigration matter, we are here to help you every step of the way. Our mission is not just to provide legal services but to empower our clients with the knowledge and resources they need to achieve their immigration goals. With proper legal counsel, persistent preparation, and meticulous attention to detail, your success can become a reality, too. Partner with professionals like McBean Law to chart your visa journey’s triumph. 

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LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.