BIDEN ADMINISTRATION TO EXPAND PAROLE-IN-PLACE TO SPOUSES OF U.S. CITIZENS- KEEPING FAMILIES TOGETHER

On Tuesday, June 18, 2024. President Biden announced an initiative that would provide a pathway to citizenship for immigrants who entered the United States without inspection and are married to U.S. citizens.

The Current Process

Under current laws, an individual who has previously entered the United States without authorization, or who has not been “inspected, admitted or paroled”, is ineligible to adjust their status while in the United States even if they are married to a U.S. citizen.  The only option for individuals who entered without inspection is to consular process, which requires that an individual leave the United States and attend a consular interview abroad, usually in their home country.  However, because of legislation passed in the 1990s, individuals who have been in the United States without authorization for over one year and then leave the United States, even if it is for the purpose of legalizing their status, are subject to a 10-year bar before an immigrant visa is granted.  In other words, applicants risk separation from their family for 10 years once they depart the United States.

Biden’s Parole-in-Place

Present Biden has announced a new program that would benefit immigrants who have resided in the United States for at least 10 years.  The program would essentially allow applicants to request “parole-in-place”, which will allow individuals to adjust their status without leaving the country and preventing the unlawful presence bar from taking effect.

What is Parole-in-Place?

Parole-in-place is a discretionary method that allows certain eligible family members, in this case spouses of U.S. citizens, to be “paroled” into the United States, essentially providing them with a lawful entry.  Under current “parole-in-place” programs, applicants must have entered without inspection, meaning they did not go through an immigration inspection process at a port of entry.  The benefits of parole-in-place include protection from deportation, work authorization, and the potential pathway to citizenship.  Parole-in-place has been commonly used for military family members.

It is important to note that applicants who adjust status must still demonstrate that they are otherwise admissible.  Parole in place does not resolve other issues of inadmissibility that the applicant may possess, such as prior immigration violations or criminal issues of inadmissibility.

Those who could qualify under Biden’s Parole-in-Place program are:

• Noncitizen Spouses of U.S. citizens
• Noncitizen children (under the age of 21), whose parent is married to a U.S. citizen

The known requirements to Biden’s Parole-in-Place program are:

• Must be present in the United States without admission or parole;
• Have been continuously present 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;
• Does not pose a threat to public safety or national security;
• Have no disqualifying crimes;
• Are otherwise eligible to apply for adjustment of status (mut be admissible, see above);
• And merit a favorable exercise of discretion.

It is expected that nearly over half a million individuals will qualify for this program.  If approved, recipients will be given three years to apply for permanent residence.

Biden’s “parole-in-place” will not take effect immediately.  The program is expected to launch by the end of the summer.  Therefore, please be aware that the application, the method of applying, and a complete list of requirements and associated fees, have not been published.  We advise potential applicants to be cautious of individuals who indicate that the application process is already available.  USCIS will reject applications if they are received before the date of application, which is set to be announced at a later date.

Visa Process for U.S. College Graduates, including current DACA recipients.

Today’s announcement also revealed a facilitation of the employment visa process for those individuals who have earned a degree at an accredited U.S. institution of higher education in the United States, and who have received an offer of employment from a U.S. employer in a field related to their degree.

The announcements today come as the White House marks the 12th anniversary of DACA (Deferred Action for Childhood Arrivals), a program created under the Obama administration in 2012 that protected young adults from deportation while providing them with an ability to obtain work permits.  The DACA program was terminated under Trump but was later reinstated and limited to existing beneficiaries.  It is unclear how much longer DACA is going to survive, as new applications have not been accepted since 2017.  Today’s announcement may be a new option for individuals who may have been left out of DACA.

To assess your possible eligibility for parole-in-place, please complete this questionnaire. One of our experienced attorneys will reach out to you to discuss your eligibility further upon completion of the questionnaire.