New Biden-Harris Administration Parole in Place Spousal Protection Program:  USCIS Will Begin Accepting Applications Starting August 19, 2024

The Department of Homeland Security (DHS) previously announced a new spousal protection policy in keeping with the Biden-Harris administration’s commitment to keep families together.

What is Parole in Place?

DHS is establishing a process to consider, on a case-by-case basis, requests for Parole in Place from certain noncitizen spouses and step-children of U.S. citizens who have been in the U.S. in an undocumented status for at least a decade. If parole is granted, these noncitizens would receive a one-time period of authorized status that is valid for three (3) years.  During this period, they may be eligible to apply for work authorization that is valid for the duration of the parole period and will be eligible to apply for lawful permanent residence based on their marriage or step-child relationship to a U.S. citizen without having to leave the U.S.

When Will Applications Be Accepted?

U.S. Citizenship and Immigration Services (USCIS) is not currently accepting Parole in Place applications. USCIS announced that it will begin accepting applications starting August19, 2024.

Who is Eligible?

To be considered for a discretionary grant of parole under this process, applicants must:

• Be present in the U.S. without admission or parole;
• Have been continuously present in the U.S. 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;
• Otherwise be eligible for Adjustment of Status; and
• Merit a favorable exercise of discretion.

USCIS may also consider certain noncitizen children of requestors for Parole in Place if, as of June 17, 2024, they were physically present in the U.S. without admission or parole, and have a qualifying stepchild relationship to a U.S. citizen.

How to Prepare Now

Applicants can begin to prepare to file an application for Parole in Place  by gathering evidence of eligibility, such as:

• Proof of a valid marriage to a U.S. citizen
• Proof of identity
• Evidence of the spouse’s U.S. citizenship
• Documentation to establish a continued presence in the U.S. for at least 10 years

For noncitizen children of requestors, evidence could include:

• Proof of the child’s relationship to the noncitizen parent
• Proof of the noncitizen parent’s legally valid marriage to a U.S. citizen
• Evidence of the child’s presence in the U.S.

All evidence must be valid as of June 17, 2024.

Next Steps

USCIS will publish a notice in the Federal Register that further explains eligibility requirements and the Parole in Place application process, including the appropriate form and associated filing fees.  USCIS also intends to provide FAQs and additional information on its Process to Promote the Unity and Stability of Families webpage. Gibney will continue to monitor for updates.

For questions, please email info@gibney.com or contact your dedicated Gibney attorney(s).