On June 18, 2024, President Joe Biden announced a significant executive order aimed at promoting family unity among mixed-status families in the United States. This new directive introduces a “parole-in-place” program designed to help noncitizen spouses and children of U.S. citizens apply for lawful permanent residence without having to leave the country, thereby avoiding prolonged separations and potential legal complications.
Key Points of the Executive Order:
Eligibility
The eligibility criteria for the new parole-in-place program introduced by President Biden are specific and aim to assist certain noncitizen spouses and children of U.S. citizens. Here are the detailed requirements:
General Eligibility:
- Presence in the United States:
Applicants must be present in the United States without admission or parole. This means they have entered the country without being formally inspected or admitted by an immigration officer at a port of entry.
- Continuous Residence:
Individuals must have been continuously present in the United States for at least 10 years as of June 17, 2024. Continuous presence implies that the individual has maintained an uninterrupted stay in the country without significant absences.
- Marital Relationship:
Applicants must have a legally valid marriage to a U.S. citizen as of June 17, 2024. This requirement ensures that the relationship is recognized by law and that the marriage was established before the specified date.
Additional Conditions:
Criminal History and Security:
Applicants must not have a disqualifying criminal history or pose a threat to national security or public safety. This is assessed on a case-by-case basis, considering the individual’s background, criminal records, and other relevant factors.
Favorable Exercise of Discretion:
USCIS will evaluate whether the applicant merits a favorable exercise of discretion. This involves a holistic review of the individual’s case, including their immigration history, contributions to the community, and any other factors that might influence the decision.
Specifics for Children:
Noncitizen children of spouses who qualify for parole under this program may also be considered for parole. These children must be physically present in the United States without admission or parole and have a qualifying stepchild relationship with a U.S. citizen parent as defined by the Immigration and Nationality Act as of June 17, 2024.
Application Process
Applicants will need to file specific forms with the U.S. Citizenship and Immigration Services (USCIS) and provide supporting documentation to demonstrate eligibility.
The application process is expected to begin later this summer, with further details to be published in the Federal Register.
Approved applicants will be granted parole on a case-by-case basis for up to three years, during which they can apply for permanent residency.
The application process for the Biden administration’s new parole-in-place program involves several steps and requires specific documentation. Here’s a detailed look at what applicants need to do:
Step-by-Step Application Process
Wait for the Federal Register Notice:
The Department of Homeland Security (DHS) will publish a Federal Register Notice that will detail the application process. This notice will include the necessary forms, filing fees, required documentation, and supporting evidence needed for the application.
Eligibility Verification:
Ensure you meet the eligibility criteria as detailed above. This includes continuous presence in the U.S. for at least 10 years, legally valid marriage to a U.S. citizen as of June 17, 2024, and no disqualifying criminal history or security risks.
Gather Required Documentation:
Collect documentation to prove your eligibility. This might include:
- Proof of continuous residence in the U.S. for at least 10 years (e.g., rental agreements, utility bills, medical records).
- Proof of a legally valid marriage to a U.S. citizen (e.g., marriage certificate, spouse’s citizenship documents).
- Any other documents specified in the forthcoming Federal Register Notice.
File the Application Form:
Once the application process is open, file the appropriate forms with the U.S. Citizenship and Immigration Services (USCIS). The specific form(s) will be detailed in the Federal Register Notice.
Pay the Application Fee:
Pay the required filing fee as specified in the Federal Register Notice. Ensure you use the official payment methods and avoid any scams.
Submit the Application:
Submit the complete application package, including the form, supporting documentation, and the filing fee, to USCIS. Applications must be submitted after the official start date; any applications received before this date will be rejected.
Background Checks and Vetting:
USCIS will conduct background checks, including criminal history and national security checks, as part of the vetting process. This ensures that applicants do not pose a threat to public safety.
Case-by-Case Assessment:
USCIS will assess each application on a case-by-case basis, considering factors like immigration history, contributions to the community, and other relevant information. This is to determine if the applicant merits a favorable exercise of discretion.
Receive Parole Decision:
If approved, the applicant will be granted parole for up to three years, allowing them to apply for permanent residency during this period. They will also be eligible for work authorization.
Apply for Permanent Residency:
During the parole period, applicants should file Form I-485, Application to Register Permanent Residence or Adjust Status, to seek lawful permanent residency.
Important Considerations
Avoid Scams: Only seek help from authorized legal representatives. Be cautious of unauthorized practitioners and fraudulent websites. USCIS will never ask for payments via Western Union, MoneyGram, PayPal, or gift cards.
Stay Informed: Monitor official DHS and USCIS announcements for updates and further details on the application process and requirements.
This structured approach ensures that eligible applicants can effectively navigate the process and achieve their goal of maintaining family unity while securing legal status in the United States.
Addressing Existing Challenges
Historically, noncitizens married to U.S. citizens often faced significant barriers when trying to adjust their status to permanent residents, particularly if they entered the country without inspection. This typically required leaving the U.S. to be processed at a consulate abroad, which could trigger bans on re-entry and result in long separations from their families. The new parole-in-place program mitigates these issues by allowing eligible individuals to adjust their status without leaving the country, thus maintaining family unity and reducing bureaucratic hurdles.
Broader Implications
This executive order aligns with the Biden administration’s broader immigration policies, which emphasize family unity, humane treatment of immigrants, and the integration of long-term undocumented residents into the legal framework. It also underscores the administration’s commitment to using executive authority to address immigration challenges in the absence of comprehensive legislative reforms.
Conclusion
The parole-in-place program offers a path for long-term undocumented residents married to U.S. citizens to apply for lawful permanent residence without the risk and hardship of separation. By meeting the specified eligibility criteria and following the application process, eligible individuals can work towards securing their status while keeping their families united in the United States.
If you have any questions or need assistance to navigate through this new process, Costas Network is here to help. Feel free to contact us so we can give you peace of mind ensuring that you can take advantage of this new program.
For more detailed information and updates on the application process, prospective applicants are advised to monitor official announcements from DHS and USCIS.
