On July 17, 2024, the Biden Administration announced the expected start date for the Parole in Place plan is August 19, 2024. USCIS also published an announcement, Reminders on the Process to Promote the Unity and Stability of Families. It will reject any application filed before August 19.
The Parole in Place plan will allow certain undocumented spouses and children of U.S. citizens to apply for permanent residence within the U.S., instead of needing to depart for Immigrant Visa processing. The Fact Sheet: President Biden Announces New Actions to Keep Families Together provides basic information on the program, which the Administration says will promote family unity.
Who Will Benefit from the Parole in Place Program?
The Parole in Place program is intended to benefit certain green card applicants who:
- are physically present in the U.S. without inspection and admission or parole;
- are legally married to a U.S. citizen OR are legally the children or stepchildren of a U.S. citizen, as of June 17, 2024;
- have been continuously present in the U.S. for 10 years or more, as of June 17, 2024;
- do not pose a threat to public safety or national security;
- are otherwise eligible to apply for adjustment of status; and
- merit a favorable exercise of discretion.
Spouses and children of U.S. citizens who are not physically present in the U.S. as of June 17, 2024, have not been continuously present in the U.S. since June 17, 2014 or earlier, have a serious criminal record that poses a risk of harm to the public or nation, or have negative factors that make them ineligible for or undeserving of adjustment of status will not benefit from this program.
How Will the Parole in Place Program Expand Who May Apply for Adjustment to Permanent Residence?
Statutory law under INA 245(a) (8 U.S.C. §1255) allows a nonimmigrant (e.g. F-1 student or H-1B temporary worker) to adjust to permanent residence based on an approved immigrant petition. This involves filing the Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS, either concurrently with or after the Form I-130 or Form I-140 filing.
An approved or approvable Form I-130 (family-based) or Form I-140 (employment-based) petition does not necessarily mean you qualify for adjustment of status. There are several eligibility requirements to meet for INA 245(a) adjustment.
Except for INA 245(i) and VAWA-based applicants, one key requirement is that you must have been “inspected and admitted or paroled” into the United States. This applies to even “Immediate Relatives” of a U.S. citizen; namely, spouses, unmarried children under 21 years old, and parents (if the U.S. citizen is 21 years of age or older).
For more information, see Parole in Place Plan Will Allow Certain Undocumented Spouses and Children of U.S. Citizens to Get Green Cards Through I-485 Adjustment, Instead of Consular Processing.
What to Do to Prepare to File for Parole in Place
More details about the application process and eligibility requirements will be published in an upcoming Federal Register notice.
In the meantime, eligible applicants may begin to gather the following evidence to prepare to file for Parole in Place:
- Evidence of a legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate;
- Documentation of proof of identity, including expired documents may include:
- Valid state or country driver’s license or identification;
- Birth certificate with photo identification;
- Valid passport; or
- Any government issued document bearing the requestor’s name, date of birth, and photo.
- Evidence of your spouse’s U.S. citizenship, such as a passport, birth certificate or Certificate of Naturalization;
- Documentation to establish your continued presence in the United States for at least 10 years, as of June 17, 2024. While more information will be made available in the forthcoming Federal Register Notice and subsequent FAQs, examples of documentation could include copies of:
- 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; or
- Tax returns or tax receipts.
Consult a Qualified U.S. Immigration Attorney
Not all undocumented immigrants qualify for Parole in Place. Furthermore, Parole in Place, by itself, does not lead to permanent resident or green card status. Because it is not law passed by U.S. Congress, it is especially vulnerable to lawsuits and is not guaranteed to continue in the future.
There may be risks to applying for any U.S. immigration benefits, especially if you have a prior removal (deportation) order or criminal record. Be sure to consult an experienced U.S. immigration attorney to discuss whether to file for Parole in Place.
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The Legal Immigrant provides general information only from Dyan Williams Law. It is based on U.S. immigration laws, regulations and policies that are subject to change. Do not consider it as legal advice. The sharing or receipt of this information does not create an attorney-client relationship.
