On June 18, President Joe Biden announced a new initiative that would let the spouses of U.S. citizens apply for “parole-in-place” status with the Department of Homeland Security. The application process has not yet begun, but the program could grant temporary protections and work permits to as many as 550,000 people in the United States. More importantly, it will allow them to pursue LPR status—more commonly referred to as a green card—with their spouses without the threat of being torn away from their families for many agonizing years.
Under current law, U.S. citizens can petition for a non-citizen spouse to gain permanent residency. However, a variety of problems in the current process render it highly inaccessible and risky for many unauthorized immigrants who have been eligible for legal status. The new parole program of the Biden administration aims to address this gross inefficiency. Even when future changes may affect the program, paroled persons will face less struggle in their pursuit of permanent residence.
Addressing a Critical Issue: Helping Spouses of U.S. Citizens Achieve Legal Status
A spouse of a U.S. citizen is ordinarily eligible for an immigrant visa as an “immediate relative” and, therefore, may get legal permanent residence, ultimately leading to the ability to apply for U.S. citizenship. However, in the case of those who entered the United States without inspection, the process for adjustment of status could be smoother. Indeed, these challenges have created a barrier for many of the estimated 1.2 million spouses of U.S. citizens to obtain green cards, even though they are, on paper, eligible. To address these challenges and promote the unity and stability of families, new policies such as the Parole in Place program have been introduced. This program aims to streamline the process, making it easier for eligible noncitizen spouses to adjust their status without having to leave the United States, thereby strengthening family unity.
Federal law allows immigrants who were “inspected and admitted” or “inspected and paroled” into the U.S. to adjust their status to permanent residency without leaving the country. In contrast, those who entered without inspection must leave the U.S. and obtain a new immigrant visa abroad, often triggering lengthy reentry bars due to past unlawful presence.
The Innovative Solution: Parole-In-Place
The new program will instead rely on “humanitarian parole,” which authorizes persons who do not have a lawful basis to remain in the U.S. to remain in the country temporarily because of urgent humanitarian reasons or significant public benefit. Parole-in-place is provided for those already in the U.S. With this program, they can apply for work authorization and adjust to permanent residence without leaving the country and then attempting to reenter, which would trigger reentry bars. Additionally, the Process for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens has been established to further facilitate the ability of eligible noncitizen spouses and stepchildren to adjust their status without the risks associated with leaving the country, thereby helping to maintain family unity.
Who Benefits: Immigrants and Their U.S. Citizen Families
The criteria for eligibility under the new program include continuous residence in the U.S. since June 17, 2014, physical presence in the U.S. on June 17, 2024, legal marriage to a U.S. citizen as of June 17, 2024, entry into the U.S. without admission or parole, and a clean criminal record. Approximately 500,000 spouses of U.S. citizens and an additional 50,000 stepchildren are expected to qualify.
The countdown is on for implementing President Biden’s new Parole in Place Policy, effective August 19, 2024!
Preparing for Your Application
Our team at Boyer Law Firm, led by experienced immigration attorneys, is here to provide essential tips and guidance on preparing your application. Whether your legal situation is straightforward or complex, we are committed to helping you explore all available options.
Book a consultation with one of Boyer Law Firm’s skilled attorneys to discuss potential pathways to achieving your legal goals. Contact us through a private message, call us at (904) 236-5317, or complete the contact form on our website for more information. Stay connected with us for more updates and useful information!
