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On June 18, the Department of Homeland Security (DHS) released a significant initiative aimed at enhancing family unity within the immigration framework. This move aligns with the Biden-Harris administration’s ongoing commitment to keeping families together. A new process will be established to consider requests for parole in place on a case-by-case basis from certain noncitizen spouses of U.S. citizens who have resided in the U.S. for at least a decade.

Key Highlights of the Announcement:

What is Parole in Place?

If granted, parole in place will allow eligible noncitizens to apply for lawful permanent residency based on their marriage to a U.S. citizen without needing to leave the United States.

Application Timeline:

  • Current Status: USCIS is not yet accepting applications
  • Start Date: Applications will be accepted starting August 19
  • Early Applications: Any applications submitted prior to August 19 will be rejected

Eligibility Criteria:

To be considered for parole under this process, applicants must meet the following conditions:

  • Presence: Be present in the United States without admission or parole
  • Residency: Have been continuously present in the United States for at least 10 years as of June 17, 2024
  • Marriage: Have a legally valid marriage to a U.S. citizen as of June 17, 2024
  • Criminal History: Must not have any disqualifying criminal history or pose a threat to national security or public safety

Furthermore, certain noncitizen children of requestors may also be considered under this process if they meet specific conditions.

Preparing for the Application:

While the application process is not yet open, potential applicants can begin preparing by gathering evidence to support their eligibility. Recommended documentation includes:

  • Marriage Proof: Marriage certificate proving a legally valid marriage to a U.S. citizen as of June 17, 2024
  • Proof of Identity: Documents such as a valid driver’s license, birth certificate with photo ID, passport, or any government-issued ID with the applicant’s name, date of birth, and photo
  • Spouse’s Citizenship: Evidence of the U.S. citizen spouse’s citizenship, like a passport, birth certificate, or Certificate of Naturalization

For noncitizen children of requestors, additional documents might include birth certificates, adoption decrees, and evidence of their presence in the U.S. as of June 17, 2024.

Next Steps:

Interested individuals should consider creating or updating their myUSCIS account at my.uscis.gov to stay informed about the latest updates and to be prepared for the application process once it opens.

The DHS’s new measures signify a strong effort to support family unity and stability for immigrants within the U.S. If you would like to know more about this information, or if you would like to hear any updates on these measures, feel free to reach out to a member of our team here at Berardi Immigration Law!