By Julie C. Hancock

On June 18, 2024, the Department of Homeland Security (DHS) announced a pivotal step toward fulfilling President Biden’s commitment to promoting family unity within the immigration system. This new initiative establishes a process to consider, on a case-by-case basis, requests from certain noncitizen spouses of U.S. citizens. This process provides a pathway to lawful permanent residence, ensuring families can remain together. This process removes some of the uncertainty that comes with the current process, often requiring a waiver. Once that waiver is approved, the undocumented spouse must leave the country, uncertain how the next step will play out, to obtain their lawful permanent residence status from a consular post. If all goes well, they are back with their family in no time, with a lawful status. However, it is not often a phrase uttered that consular experiences are "easy."

What is Parole in Place (PIP)?

The Biden Administration is setting forth a process using existing law called "parole in place." This is a discretionary policy by the United States Department of Homeland Security (DHS) that allows certain undocumented immigrants to obtain legal status while remaining in the United States. What this means is that a foreign national is given the ability to remain in the United States for a given period of time under certain conditions. It allows the individual to be legally present in the United States for a specific time period.

Benefits:

• Work Authorization: Individuals granted PIP may apply for work authorization, allowing them to legally work in the United States
• Pathway to Adjustment of Status: PIP can pave the way for eligible spouses to adjust their status.
• Noncitizen children may also be eligible.

Limitations:

PIP does not grant permanent legal status, citizenship, or lawful permanent residency on its own. Its a temporary relief measure and must be renewed periodically. Also, PIP is a discretionary policy and not an entitlement. This means it is granted on a case-by-case basis.

The Program Will Begin Taking Applications on August 19th, 2024 | Prepare Now

While the program is not yet taking applications, it is set to start on August 19, 2024. If you are interested in determining whether you are eligible to apply and what the process entails, read on and complete our eligibilty screening.

Eligibility Requirements:  

• Continuous Physical Presence: Must have been in the U.S. for at least 10 years as of June 17, 2024.
• Marital Status: Legally married to a U.S. citizen as of June 17, 2024.
• Criminal Record: No disqualifying criminal convictions and must not pose a threat to national security or public safety.
• Other Criteria: Must merit a favorable exercise of discretion.
• Non-Citizen Children: May be eligible if they also meet similar criteria.

Application Timeline: The DHS will begin accepting applications on August 19, 2024. Applications submitted before this date will be rejected.

Preparing Your Application

Although the application period has not yet started, you can begin preparing by gathering necessary documentation:

• Proof of marriage to a U.S. citizen (e.g., marriage certificate).
• Proof of identity (e.g., valid driver’s license, birth certificate with photo, valid passport).
• Evidence of continuous presence in the U.S. for at least 10 years (e.g., rent receipts, utility bills, school records, hospital records).

If paroled under this process, noncitizens can apply for lawful permanent residence without the need to leave the United States and be processed by a U.S. consulate overseas. DHS estimates that approximately 500,000 noncitizen spouses of U.S. citizens could be eligible, with an average residency in the U.S. of 23 years. Additionally, about 50,000 noncitizen children of these spouses may also seek parole under this process.

Check if You are Eligible for this Process

To assist applicants in navigating this process, we have created a screening questionnaire based on DHS guidelines to determine eligibility. Please complete the provided screening questionnaire below and schedule a consultation with our attorney to review your responses and documents. During the consultation, we will ensure your eligibility, address any questions, and discuss the next steps to prepare for submission when applications are able to be submitted. Please note, the questionnaire asks for you to submit documents. You can also submit these after scheduling the consultation.

A fee of $275 applies to the eligiblty screening process with the up to one-hour consultation via video chat or telephone. If you wish to complete the questionnaire without scheduling the consultation at this time, please do so and someone from our office will follow up.

Disclaimer: This is an evolving process. The government is finalizing guidance, regulations, forms, and fees. The information shared above is as it is known as of the date of posting. We will share updates as they are available. This information is subject to change. All submissions, inquiries, or other communications related to this screening will be kept confidential.