On August 19, 2024, the Department of Homeland Security (DHS) posted a Federal Register notice to implement President Biden’s earlier commitment in keeping families together.

 

Under the Parole-in-Place program, certain qualifying, non-citizen spouses of U.S. citizens are now eligible to apply for what is known as a “parole in place” benefit. Once approved, this can allow these individuals to have an easy path to gain lawful permanent residence (green card status) without having to leave the U.S. The initial step to qualify for a green card is started by filing a Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens.

 

To be eligible for consideration, non-citizen spouses of U.S. citizens must:

 

• Be present in the United States without admission or parole (came to the U.S. illegally);

• Have been continuously physically present in the United States since at least June 17, 2014, through the date of filing your request;

• Have a legally valid marriage to a U.S. citizen on or before June 17, 2024;

• Have no disqualifying criminal history and not deemed to be a threat to public safety, national security, or border security; and

• Submit biometrics and undergo required background checks and national security and public safety vetting.

 

Non-citizen stepchildren of U.S. citizens must:

 

• Have been under the age of 21 and unmarried on June 17, 2024;

• Be present in the United States without admission or parole (came to the U.S. illegally);

• Have been continuously physically present in the United States since at least June 17, 2024, through the date of filing your request;

• Have a non-citizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before their 18th birthday;

• Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and

• Submit biometrics and undergo required background checks and national security and public safety vetting.

 

The application is filed using Form I-131F and must be submitted online through the individual’s myUSCIS account, available here: https://my.uscis.gov/.  An individual can easily create a myUSCIS account if they do not already have one.  Attorneys can represent the individuals in submitting their I-131F application. The USCIS charges a fee of $580 to file the I-131F, and unfortunately there is not a fee waiver available for the application. Individuals that attempt to file Form I-131F by mail using a paper application will have their applications rejected.  If the USCIS grants the Parole-in-Place application, this will entitle the individual to then file Form I-765, Application for Employment Authorization, to request an EAD card (work permit). Form I-765 cannot be filed concurrently with Form I-131F, but interestingly, a fee waiver may be available when submitting this application.  Individuals granted parole in place by the USCIS may also immediately thereafter apply to “adjust” status in the United States to request that they be granted permanent resident (green card) status.

Under federal law, some individuals— primarily, those who have already been “inspected and admitted/paroled” into the U.S.—can apply to adjust their status to permanent residency without having to depart the U.S. However, those who entered without inspection previously did not have this option. They typically must leave the U.S and risk triggering re-entry bars unless they are granted a waiver. As such, this parole-in-place program is significant, as it will now provide an opportunity for qualifying non-citizen spouses and stepchildren of U.S. citizens, to apply for lawful permanent residence without leaving the country.

The DHS estimates that approximately 500,000 non-citizen spouses and 50,000 non-citizen stepchildren of U.S. citizens may meet these eligibility criteria. Although parole is discretionary and granted on a case-by-case basis, this announcement marks a significant milestone in providing much-needed relief and a pathway to permanent resident status for eligible spouses and stepchildren of U.S. citizens.

 

If you have questions or would like our assistance in applying, please reach out to our office.