By Sarah Bileti, Ann Lee, and Chris Thomas
The U.S. Department of Homeland Security (DHS) and the White House recently unveiled a new initiative that promises to transform the lives of undocumented noncitizen spouses of U.S. citizens. Scheduled to start taking applications on August 19, 2024, this groundbreaking program will provide a legal pathway to permanent residence (e.g., Green Card) for eligible individuals residing in the U.S. for over a decade without formal admission or parole. Initial reports estimate that approximately 500,000 noncitizen spouses of U.S. citizens and 50,000 noncitizen children of these spouses could benefit, marking this initiative as a major step forward in the U.S.’ commitment to family unity and fairness in its immigration policies.
Eligibility Requirements
To qualify for this new process, individuals must meet the following eligibility criteria:
- Currently present in the U.S. without admission or parole (this includes individuals with DACA).
- Demonstrated ongoing physical presence in the U.S. for at least 10 years as of June 17, 2024.
- In a legally recognized marriage to a U.S. citizen as of June 17, 2024.
- No disqualifying criminal history or national security risks.
- Otherwise deserving of an exercise of favorable discretion by DHS.
The Process
This new program introduces a simplified two-step process to attain legal residency in the U.S., with eligible individuals submitting applications for Parole in Place as a first step beginning August 19, 2024. The term ‘Parole in Place’ refers to an immigration benefit granted on a case-by-case basis to individuals who entered the U.S. without authorization, allowing them to remain lawfully in the U.S. once Parole is granted.
Recipients of Parole in Place then become eligible for the second steps in this process, applying for work authorization and applying to adjust their status to permanent resident within three years of being granted parole without having to leave the U.S. This is significant because, for individuals who have lived illegally in the U.S. for 180 days or more, exiting the country triggers certain bars on re-entry. Therefore, this program provides a pathway that avoids such complications, enabling a more seamless, expedited, and safer progression to permanent residency.
How to Prepare?
Individuals who believe they meet the eligibility requirements should begin gathering as much documentation as possible to evidence continuous presence in the U.S. for at least 10 years, proof of legally valid marriage to a U.S. citizen, and proof of any additional factors that might favorably influence discretion by DHS. Potential applicants should also consider opening or updating an account at my.uscis.gov for future application submissions.
Next Steps
As we look to August 19, 2024, it’s crucial to stay informed. DHS will release further details on the application process, the required forms, documentation, and fees needed to apply in the Federal Register in the coming days. Until then, potential applicants should focus on preparing their documentation and regularly check for updates.
In light of the upcoming elections in November 2024, DHS encourages those interested in applying to do so as soon as possible. The Parole in Place program may face legal changes or be discontinued if there is a shift in administration.
This new program represents a beacon of hope for many individuals, a chance to secure their future in the U.S. and continue their lives with their families.
