'Parole in place' program could launch by end of summer

A “parole in place” program for undocumented spouses and step-children of United States citizens is expected to launch by the end of summer after the Federal Register notice detailing the application process is published. Applications submitted prior to the start date listed in the notice will be rejected.

The process will allow qualifying non-citizen spouses and step-children of U.S. citizens to apply for lawful permanent residence without having to leave the U.S. On June 18, the U.S. Department of Homeland Security provided the following information:

Non-citizen spouses of U.S. citizens will qualify for the program if they have lived in the U.S. for 10 years or more as of June 17, 2024; have a legally valid marriage to a U.S. citizen as of June 17, 2024; do not have a disqualifying criminal history or otherwise 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.

If eligible, these non-citizens will be able to apply for lawful permanent residence without leaving the country. DHS estimates that about 500,000 non-citizen spouses of U.S. citizens and 50,000 children of these spouses could be eligible to access the process. Non-citizen children of potential requestors may also be considered for parole under the process if they are physically present in the U.S. without admission or parole and have a qualifying stepchild relationship with a U.S. citizen as of June 17, 2024.

Upon receipt of a properly filed parole-in-place request, U.S. Citizenship and Immigration Services will determine on a case-by-case basis whether a grant of parole is warranted and whether the applicant merits a favorable exercise of discretion. All requests will take into consideration the potential requestor's previous immigration history, criminal history, any other relevant information available to or requested by USCIS.

A Federal Register notice will be published later this summer that outlines the specific steps to be considered under this program. To be considered, an individual must file a form with USCIS along with supporting documentation to show they meet the requirements and pay a fee.

For additional information contact attorney William Velie at 877-304-2525 or will@velie.us.

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