New Immigration Policy Provides Legal Status to Immigrant Spouses of U.S. Citizens
President Biden announced a sweeping new immigration program that will protect hundreds of thousands of undocumented immigrants currently residing in the United States who are married to U.S. citizens. The dramatic new policy will provide a pathway to lawful permanent residence (otherwise known as a “Green Card”) and eventually U.S. citizenship for foreign nationals currently present in the United States without documentation who are married to U.S. citizens through a humanitarian benefit known as “parole in place."
Parole in place allows a foreign national who is already in the U.S. without authorization to stay for a certain period of time at the discretion of USCIS. Parole applications are considered on a case-by-case basis and are not automatically approved. When granted, parole provides eligibility for a work permit and a pathway to other immigration benefits, such as lawful permanent residence.
Generally, individuals who enter the United States without authorization are not eligible to apply for lawful permanent residence inside the U.S. Instead they need to depart and reenter the U.S. lawfully. In many cases, though, departing the U.S. can trigger years-long or permanent bars from ever returning to the U.S. - leaving families separated for many years. This new policy will provide to certain individuals who entered the U.S. without authorization and who are married to U.S. citizens, not only with relief from deportation but also a pathway to apply for a permanent and legal status.
To be eligible for parole in place, an individual must:
Be present in the U.S. without authorization or parole;
Have been continuously present in the U.S. for at least 10 years as of June 17, 2024, and
Have a legally valid marriage to a U.S. citizen as of June 17, 2024
Additionally, noncitizen children of the requesting-spouse may also be considered for parole in place if they are physically present in the United States without authorization or parole and have a qualifying stepchild relationship to a U.S. citizen as of June 17, 2024.
Anyone who may be eligible for this immigration benefit should consult with an experienced immigration attorney immediately about the steps involved with applying for parole in place and potentially adjustment of status to lawful permanent residence.
For more information on how to navigate this new policy and address the issues of your particular case, please feel free to contact us.