Overview of the New Parole Process

The essence of this program lies in its commitment to preserving family cohesion by averting the separation of couples, where one partner is a U.S. citizen and the other is a foreign-born national who entered the United States without inspection. Parole in Place for spouses of U.S. citizens acknowledges the considerable strain and disruption inflicted on families when foreign spouses are compelled to depart from the U.S., albeit temporarily, to secure their legal status.  Parole in Place would essentially allow foreign nationals who are otherwise ineligible for adjustment of status to adjust their status in the U.S. without needing a waiver.  

To qualify for Parole in Place, applicants need to satisfy several conditions, notably maintaining physical presence in the U.S. without admission (lawful entry) or parole for a continuous period of ten years as of June 17, 2024. Additionally, they must be in a legally recognized marriage with a U.S. citizen by the same date, alongside a clear evidence that have good moral character and poses no threat to national security or public wellbeing. 

An estimated 500,000 undocumented spouses, along with approximately 50,000 of their children, are poised to benefit from this new parole in place program, subject to their compliance with specific prerequisites.

Eligibility Requirements

Applicants must adhere to the following criteria for potential eligibility under this novel parole framework:

• Ten-Year Continuous Physical Presence: Applicants should have resided in the United States continuously, without formal entry or parole, for a span of at least ten years as of June 17, 2024.
• Marital Union with a U.S. Citizen: A legally valid marriage to a U.S. citizen must be proven as of June 17, 2024.
• Absence of Disqualifying Criminal Convictions: Applicants should have no criminal history that poses a threat to public safety.
• No National Security Threat: A comprehensive background check will be conducted to affirm that applicants do not pose a national security risk.
• Meritorious Case: Individuals must demonstrate that their case warrants discretionary approval by immigration authorities, considering their overall circumstances and immigration history.

Eligibility for Children

Children of parole recipients might also qualify for parole on a case-by-case basis, contingent on their physical presence in the U.S. without formal entry or parole and their establishment of a qualifying stepchild relationship with a U.S. citizen parent as defined under the Immigration and Nationality Act by June 17, 2024. 

Application Procedure

Prospective candidates are required to submit an application form to the U.S. Citizenship and Immigration Services (USCIS), accompanied by pertinent documentation that substantiates eligibility and a requisite fee. USCIS will undertake a detailed evaluation of each submission to ascertain if parole is justified based on humanitarian considerations or the substantial public benefit, requiring the applicant to merit discretionary favor.

The adjudication process will encompass a thorough review of the applicant’s immigration history, including any violations, deportations, or removals, to gauge compliance with immigration laws. Additionally, comprehensive criminal background checks and national security vetting will be performed to identify any disqualifying factors or security risks.

Preparation for Application Submission

USCIS will accept applications for parole in place beginning on August 19, 2024 and will reject any application received prior to that date. Applicants can start gathering their essential documents which include proof of a legitimate marriage to a U.S. citizen as of June 17, 2024, identification documents, and evidence of continuous presence in the U.S. for the stipulated period. This preparatory step is instrumental in ensuring a seamless application process once it commences later this summer.

In summary, this parole initiative represents a significant advancement in fostering family unity within the U.S. immigration system. By allowing long-term undocumented residents the opportunity to legalize their status without the hardship of separation from their families, the DHS underscores a compassionate approach to immigration policy that values familial integrity and stability.

Be Aware of Immigration Scams

This new Parole in Place program brings hope to thousands of people.  But as with most immigration benefits, Parole in Place is discretionary.  It is important to work with a licensed immigration attorney that understands how the law applies to your specific situation.  At IBP Immigration Law, we are advising clients on a case-by-case basis and still moving forward with I-601A waivers for some clients.  We encourage you to seek qualified legal counsel for this new program.  

If you wish to speak to one of our attorneys about Parole in Place, please contact us today.  We are here to help you achieve your immigration goals.