USCIS Announces Parole in Place Application Process for Undocumented Spouses of U.S. Citizens Opens August 19th

We are pleased to provide our readers with important new updates regarding President Biden’s recent executive order that creates a pathway to permanent residency for undocumented spouses of U.S. Citizens who have been living in the U.S. for at least 10 years, as of June 17, 2024.

Those who qualify can apply for “parole in place” a new discretionary program to legalize their status while remaining in the United States.

This program is designed to promote family unity, while eliminating the need for undocumented spouses of U.S. Citizens to travel outside the United States to legalize their status through the extreme hardship “waiver” process.

Eligibility Requirements

To be considered for a discretionary grant of parole, spouses of U.S. citizens must:

Be present in the United States without admission or parole (entered without inspection);
Have been continuously present in the United States for at least 10 years as of June 17, 2024;
Have a legally valid marriage to a U.S. citizen as of June 17, 2024;
Not have any disqualifying criminal history or otherwise constitute a threat to national security or public safety; and
Otherwise merit a favorable exercise of discretion.

Noncitizen children are also eligible for parole if, as of June 17, 2024, they were physically present in the United States without admission or parole and have a qualifying stepchild relationship with the U.S. citizen.

For complete details regarding the program, please visit our parole in place webpage here.

What We Know

Although we do not yet know what forms must be filed along with the associated filing fees, USCIS has announced that it will begin accepting parole applications on August 19, 2024.

More information about the application process and filing fees will soon be published in a forthcoming Federal Register notice. We will provide those details on our blog as soon as they are available.

Immediate Call to Action

While the application process will open until August 19, 2024, those who meet the eligibility requirements should begin gathering and organizing the necessary documentation including but not limited to the following evidence, as recommended by USCIS:

Proof of Marriage to a U.S. Citizen

Evidence of a legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate;

Proof of Identity

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.

Proof of your Spouse’s U.S. Citizenship

Evidence of your spouse’s U.S. citizenship, such as a passport, birth certificate or Certificate of Naturalization;

Continued Physical Presence in the U.S. for at least 10 years – as of June 17^th

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.

Qualifying Stepchildren of U.S. Citizen Parent

For noncitizen children of undocumented spouses (stepchildren), evidence of eligibility could include:

Evidence of the child’s relationship to the noncitizen parent, such as a birth certificate or adoption decree;
Evidence of the noncitizen parent’s legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate; and
Evidence of the child’s presence in the United States as of June 17, 2024.

Conclusion

If you believe you are eligible for this program, we advise you to gather the above documentation and schedule a consultation well before the application period opens on August 19^th. If you are a current client, please reach out to your caseworker to request an attorney consultation.

For more information, please check out our helpful links below.

Contact Us. If you would like to schedule a consultation, please text 619-569-1768 or call 619-819-9204.

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