Rivera & Shirhatti, P.C.

What does President Biden’s “Parole in Place” program for Certain Spouses and Stepchildren of U.S. Citizens mean for you?

July 3, 2024
Rivera & Shirhatti. PC.

On June 18, 2024, President Biden announced a series of immigration actions that would expand the existing parole in place program, which currently is available to qualifying family members of U.S. military service members. The new program will include the qualifying spouses and stepchildren of any U.S. citizen, irrespective of whether the U.S. citizen is or was a U.S. military service member. The program is aimed at helping certain undocumented individuals in the United States including spouses and children of U.S. citizens who have been living in the U.S. for at least 10 years. Such individuals may be eligible to apply for a green card without the need to leave the U.S. if, as of June 17, 2024, they:

  • Are physically present in the U.S. after entering without permission (EWI);
  • Have never left the U.S. after last entering;
  • Are legally married to a U.S. citizen or have a qualifying stepchild relationship with a U.S. Citizen; and
  • Do not have certain criminal history or pose a threat to national security or public safety.

If the applicant meets these eligibility criteria, the government may grant him or her parole in place. Parole would be granted for a one-time period of three years and the applicant may be eligible for employment authorization for up to three years. If granted parole, the applicant may then apply for a green card within three years of approval. Eligibility for the program will be determined on a case-by-case basis.

The program is also aimed at helping college-educated DACA recipients and Dreamers who are qualified for nonimmigrant status, such as an H-1B specialty occupation visa. Such individuals may be able to apply for a temporary visa more easily if they have a degree from an accredited U.S. institution of higher education and have an offer of employment from a U.S. employer in a field related to your degree.

Additional challenges include clarification on the need for an inadmissibility waiver by an applicant as well as a potential lawsuit halting implementation of the program.

It is important to note that this program has NOT YET BEGUN. Details on how to apply and final eligibility criteria are expected to be released by the end of summer through a Federal Register notice. This means that you cannot submit any applications at this time and any such application filed will be rejected. Additionally, you should not pay anyone a fee associated with filing an application at this time.

Please contact an RSPC attorney for more information.