New Parole-in-Place Program to Promote the Unity and Stability of Families
On June 18, 2024, the Department of Homeland Security (DHS) introduced new measures aimed at fostering family unity within the immigration system. This initiative aligns with the Biden-Harris administration’s dedication to keeping families together. The DHS is implementing a process to individually evaluate requests for parole in place from specific noncitizen spouses of U.S. citizens who have resided in the U.S. for a minimum of ten years. If parole is approved, eligible noncitizens will have the opportunity to apply for lawful permanent residence based on their marriage to a U.S. citizen, without the need to depart from the United States.
USCIS is not currently accepting applications for this process. Applications will be accepted starting on August 19, 2024. If you submit an application before August 19, 2024, it will be rejected. Additional details about eligibility and the application process will be provided in an upcoming Federal Register notice.
Eligibility Criteria
To be eligible for a discretionary grant of parole under this process, you must meet the following criteria on a case-by-case basis:
Be present in the United States without admission or parole;
Have continuously resided in the United States for at least 10 years as of June 17, 2024;
Be legally married to a U.S. citizen as of June 17, 2024;
Have no disqualifying criminal history and not pose a threat to national security or public safety;
Meet other criteria that warrant a favorable exercise of discretion.
Further details about these eligibility requirements will be provided in the forthcoming Federal Register notice. Additionally, certain noncitizen children of applicants may also be considered under this process if they were physically present in the United States without admission or parole as of June 17, 2024, and have a qualifying stepchild relationship to a U.S. citizen.
At this time, applications for this process are not being accepted. A forthcoming Federal Register notice will provide detailed information regarding eligibility, the application process, the specific form to use, and the associated filing fees. Applications submitted before the implementation date specified in the Federal Register notice will be rejected. For the latest updates, please visit USCIS’s "Process to Promote the Unity and Stability of Families" webpage.
Preparing for Your Parole Application
While applications are not yet being accepted, you can start preparing to file a parole application by gathering evidence to demonstrate your eligibility. Essential documents include:
Proof of Marriage: Evidence of a legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate.
Proof of Identity: Documentation of your identity, which may include expired documents such as:
Valid state or country driver's license or identification
Birth certificate with photo identification
Valid passport
Any government-issued document bearing your name, date of birth, and photo
Proof of Spouse’s U.S. Citizenship: Evidence of your spouse's U.S. citizenship, such as a passport, birth certificate, or Certificate of Naturalization.
Proof of Continuous Presence in the U.S.: Documentation showing your continuous presence in the United States for at least 10 years as of June 17, 2024. Examples of acceptable documents include:
Rent receipts or utility bills
School records (letters, report cards, etc.)
Hospital or medical records
Attestations to your residence by religious entities, unions, or other organizations, identifying you by name
Official records from a religious entity confirming participation in a religious ceremony
Money order receipts for money sent into or out of the United States
Birth certificates of children born in the United States
Dated bank transactions
Automobile license receipts, title, or registration
Deeds, mortgages, or rental agreement contracts
Insurance policies
Tax returns or tax receipts
Evidence for Noncitizen Children
For noncitizen children of applicants, the following documents can help establish eligibility:
Proof of Relationship: Evidence of the child’s relationship to the noncitizen parent, such as a birth certificate or adoption decree.
Proof of Parent’s Marriage: Evidence of the noncitizen parent’s legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate.
Proof of Child’s Presence: Evidence of the child’s presence in the United States as of June 17, 2024.
Beware of Scams
We want to remind you to be cautious of immigration scams. You cannot apply for this process yet. In the United States, a notario público is not authorized to provide legal services related to immigration. Only an attorney licensed to practice law in the United States or an accredited representative is permitted to assist with immigration matters.
Legal Advice and Protection Against Scams
Only an attorney licensed to practice law in the United States or an accredited representative working for a Department of Justice-recognized organization can provide you with legal advice.
When seeking legal counsel, be cautious of individuals posing as immigration attorneys, including unlicensed individuals or disbarred attorneys. Signs of unethical practitioners include:
Promising guaranteed outcomes or money-back guarantees
Using predatory or threatening pricing structures
Asking you to sign a blank paper or not allowing you to review a paper you have signed
Requesting to keep your signature on file
Tips to Protect Yourself from Scams
To safeguard yourself from potential scams, follow these tips:
Do not pay for government application forms: Forms are free and can be downloaded from uscis.gov/forms.
Get a written agreement: Ensure you receive a written agreement that describes the services to be provided, signed by the service provider. Read the agreement thoroughly before signing it and keep a signed copy for your records.
Obtain copies of documents: Always get copies of documents prepared on your behalf.
Request a receipt: Ask for a written receipt that includes the name and address of the service provider.
By following these guidelines, you can protect yourself from fraudulent practitioners and ensure you receive legitimate legal assistance.
Should you or your loved one have any questions or need representation, please do not hesitate to call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation. We have represented many clients with successful results even with the most difficult set of facts.