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President Biden Provides Parole in Place for Undocumented Spouses of US Citizens

Posted by Karol Brown | Jun 20, 2024 | 0 Comments

On June 18, 2024, President Biden's administration announced a new immigration policy allowing for Parole in Place (PiP) for spouses of U.S. citizens. This policy could potentially benefit hundreds of thousands of undocumented people who are married to American citizens. This initiative, set forth by the Department of Homeland Security (DHS), allows eligible noncitizens who have lived in the United States for a decade or more to apply for lawful permanent residency without having to leave the country.

Who will Benefit from President Biden's Parole in Place Policy?

There are approximately 500,000 spouses of U.S. citizens without current legal immigration status who may qualify for this new Parole in Place (PiP) process, according to estimates by the US Department of Homeland Security. 

Individuals who qualify for the PiP policy have lived in the United States for on average 23 years. These applicants have deep ties and contributions to American communities. An additional 50,000 children of these spouses could also benefit from this policy. 

The Biden Parole in Place policy will have a positive impact on mixed-status families across the United States.

Family

Who Is Eligible for Biden's Parole in Place Policy?

To be considered for President Joe Biden's Parole in Place process, individuals must meet the following key requirements:

  1. Length of Residence: Applicants must have been continuously present in the United States for at least 10 years as of June 17, 2024.

  2. Marital Status: They must have a legally valid marriage to a U.S. citizen as of June 17, 2024.

  3. Criminal Record: Applicants should have no disqualifying criminal history and must not pose a threat to national security or public safety.

  4. Discretionary Review: Their application must merit a favorable exercise of discretion by immigration authorities.

Each application will be reviewed on a case-by-case basis to determine whether the person should be granted parole in place. These criteria ensure that applicants have established a significant presence in the United States, have family and community ties, and do not pose a security concern. This new PiP policy will ensure that families can stay together and have the opportunity to contribute fully to the American economy and society.

What is the Process for Applying for Parole in Place?

The application process will involve filing specific forms with U.S. Citizenship and Immigration Services (USCIS), accompanied by supporting documentation to demonstrate eligibility. USCIS will review each case carefully, considering factors such as immigration history, background checks, and any other relevant information pertinent to national security and public safety to determine whether the application for PiP should be approved.

The Biden Administration has not yet provided specific details and forms for this application process. There is currently no way to apply until additional information is provided, likely later in the Summer of 2024. 

What Documents Will Be Required to Prove Parole in Place as the Spouse of a US Citizen? 

The documents that will likely be required for eligibility for the Parole in Place policy as the spouse of an American citizen will include:

US Citizenship and Immigration Services logo
  • Marriage certificate to US Citizen, valid prior to June 19, 2024

  • Proof of US citizenship for spouse, with US passport, birth certificate, or naturalization certificate

  • Evidence of 10 years of residence in the United States

    • Rental or mortgage records

    • Utility bills

    • School records

    • Employment records

    • Tax returns

    • Birth records for children

    • Social media posts

    • Photographs

    • Other proof of residence in the United States 

  • Passport 

  • Birth certificate, and

  • Evidence of no criminal history, or biometrics appointment for FBI background check.

Other documents may be requested or required, as more details are provided for this new PiP program.

What is the Benefit of Parole in Place for Spouses of US Citizens?

The primary benefit of Parole in Place is the ability to apply for lawful permanent residence (green card) without needing to leave the United States. This is a significant departure from the current permanent residency process for undocumented spouses in US immigration. Now, undocumented spouses seeking to apply for permanent residency face severe restrictions and risks associated with leaving the United States.

How will this New Parole in Place Policy be Implemented and How Can I Apply?

It is crucial for potential applicants to await further guidance from USCIS before filing anything for this PiP program. The DHS will publish a notice in the US Federal Register outlining detailed steps and requirements. 

USCIS will reject any premature filings or requests received before the official application period begins later in the summer of 2024. We will provide additional information as we get it, so that all applications are processed fairly and in adherence to established procedures.

Where Can I Find Additional Guidance and Resources about the Parole in Place Program for US Spouses?

Spouses of US citizens who may benefit from this policy change are strongly advised to consult qualified immigration attorneys, such as World One Law Group. 

You should ensure that any advice you receive is from a licensed immigration attorney by confirming that the attorney is a member of the American Immigration Lawyers Association. This precautionary step helps ensure that you get real legal advice about the complexities of US immigration law. You will also be protected against potential fraud or misinformation from people who are not trained immigration attorneys.

Conclusion about the Parole in Place Policy

The Biden administration's new immigration policy represents a significant step forward in recognizing the contributions and ties of undocumented spouses to their U.S. citizen families and communities. 

By providing a safer pathway to lawful permanent residence within the United States, this Parole in Place policy not only promotes family unity but also underscores America's commitment to fairness and inclusivity in its immigration policies.

About the Author

Karol Brown

Managing Attorney

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