Biden’s Parole-in-Place Program To Help Undocumented Spouses of US Citizens
On August 20, 2024, the USCIS began accepting parole-in-place applications for certain undocumented spouses and children of US citizens. Obtaining parole-in-place will allow these undocumented spouses and children to adjust their status to lawful permanent residents in the United States without having to leave the country or obtain unlawful presence waivers.
On August 26, 2024, the United States District Court for the Eastern District of Texas, in Texas v. Department of Homeland Security, Case Number 24-cv-306 administratively stayed DHS from granting parole in place under Keeping Families Together for 14 days. The District Court subsequently extended the period of the administrative stay to November 8, 2024.
While the administrative stay is in place, USCIS will:
* Not grant any pending parole in place requests under Keeping Families Together.
* Continue to accept filings of Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens.
The District Court’s administrative stay order does not affect any applications that were approved before the administrative stay order was issued.
On June 18, 2024, President Biden announced a program which would enable over 500,000 undocumented spouses of U.S. citizens who entered the United States without papers to apply for green cards without having to leave the U.S. The program is also expected to benefit around 50,000 undocumented children.
In order to be eligible for consideration, noncitizen spouses of U.S. citizens must:
- Be present in the United States without admission or parole;
- Have been continuously physically present in the United States since at least June 17, 2014, through the date of filing your request;
- Have a legally valid marriage to a U.S. citizen on or before June 17, 2024;
- Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and
- Submit biometrics and undergo required background checks and national security and public safety vetting.
Noncitizen stepchildren of U.S. citizens must:
- Have been under the age of 21 and unmarried on June 17, 2024;
- Be present in the United States without admission or parole;
- Have been continuously physically present in the United States since at least June 17, 2024, through the date of filing your request;
- Have a noncitizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before their 18th birthday;
- Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and
- Submit biometrics and undergo required background checks and national security and public safety vetting.
Those who are approved after DHS’s case-by-case assessment of their application will be afforded a three-year period to apply for permanent residency. They will be allowed to remain with their families in the U.S. and be eligible for work authorization for up to three years.
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Parole in Place for Undocumented Spouses of US Citizens
In order to be considered for parole-in-place, an undocumented spouse or step-child of a US citizen needs to file a form I-131F online with the USCIS along with supporting documentation to show they meet the requirements and pay a $580 fee.
Upon receipt of a properly filed parole in place request, USCIS will determine on a case-by-case basis whether a grant of parole is warranted and whether the undocumented spouse merits a favorable exercise of discretion.
All requests will take into consideration the potential requestor’s previous immigration history, criminal history, the results of background checks and national security and public safety vetting, and any other relevant information available to or requested by USCIS. USCIS has strong processes in place to identify and address potential fraud, which will be applied to ensure the integrity of the program.
Undocumented spouses who enter the U.S. without papers are currently required to obtain a waiver of unlawful presence in the U.S. by filing a form I-601A and showing that their spouse would suffer “extreme hardship” if they were forced to remain outside the U.S. for 10 years. Only after USCIS approves their waiver applications are they be able to attend green card interviews at the U.S Embassy or Consulate in their home countries.
Since there is no guarantee that they will be granted a waiver and filing paperwork with the USCIS could lead to deportation, few of the more than one million undocumented spouses of U.S. citizens currently in the U.S. choose to go forward with this process.
Under the newly-announced program, these undocumented spouses will be able to receive a “parole-in-place” and will be allowed to obtain EAD work permits and adjust their status in the U.S.
In addition, the program will enable the Department of Homeland Security to join the State Department in facilitating the issuance of temporary work visas for eligible Deferred Action for Childhood Arrivals (DACA) recipients and undocumented noncitizens who have graduated from universities in the U.S.
What will be the duration of parole? What happens when it ends?
Under this process, a qualifying individual may be granted parole on a case-by-case basis for up to three years. This period provides an opportunity for eligible spouses of U.S. citizens granted parole to file a Form I-485, Application to Register Permanent Residence or Adjust Status (and concurrent Form I-130, Petition for Alien Relative, if applicable). At the conclusion of the parole period, USCIS anticipates that these individuals will have either a pending adjustment application or final adjustment adjudication completed.
Will I need to submit my biometrics?
Applicants must submit certain biographic and biometric information to USCIS for screening and vetting purposes. More information about the biometrics collection process will be provided in the forthcoming Federal Register Notice and other guidance to follow.
Questions related to potential beneficiaries
I was lawfully admitted to the United States on a nonimmigrant visa but overstayed my period of authorized stay. Am I eligible for parole in place under the process?
No. By law, parole is only available to noncitizens who are “applicants for admission” under Section 235(a) of the INA, 8 U.S.C. § 1225(a). Therefore, parole in place under this process may be granted only to certain individuals who are present in the United States without admission. This process is not available to those who were previously lawfully admitted to the United States. However, an individual may be eligible to apply for adjustment of status to that of lawful permanent resident (LPR) without parole in place if previously lawfully admitted and applying as an immediate relative of a U.S. citizen.
If I am in removal proceedings that are pending before an immigration judge, am I eligible for this process? Who will decide my parole application?
Noncitizens in removal proceedings may apply for parole in place under this process before USCIS if they otherwise qualify under this process. USCIS will weigh, on a case-by-case basis, the existence and circumstances of the removal proceedings, as well as the applicant’s positive equities, in determining whether to grant parole in place. However, a noncitizen who is in removal proceedings because they are an enforcement priority under the Guidelines for the Enforcement of Civil Immigration Law, issued by Secretary Mayorkas in September 2021, will be disqualified from receiving parole in place pursuant to this process.
If my parole request is pending and I am encountered by CBP or ICE, will I be placed into removal proceedings?
The Guidelines for the Enforcement of Civil Immigration Law direct the Department to focus its limited resources on noncitizens who pose a threat to our national security, public safety, or border security. The Guidelines remain in effect. An application under this process does not prevent CBP or ICE from taking enforcement action against an individual when otherwise appropriate under applicable law and policy. CBP and ICE reserve the discretion to place these noncitizens in removal proceedings.
If USCIS denies my application for parole, will I be placed in removal proceedings?
If USCIS denies a request for parole, USCIS maintains discretion to issue a Notice to Appear (NTA) or refer the case to ICE for possible enforcement action consistent with the Guidelines for the Enforcement of Civil Immigration Law issued by Secretary Mayorkas on September 30, 2021.
If I have criminal history, can I apply for parole under this process?
All applicants will undergo national security and public safety vetting as part of this process. Those who pose a threat to national security or public safety will be disqualified from this process and, where appropriate, may be referred for law enforcement action. Noncitizens who pose a threat to national security or public safety will not be eligible for this process, as aligned with our immigration enforcement priorities. If a noncitizen poses a threat to national security or public safety, DHS will detain, remove, or refer them to other federal agencies for further vetting, investigation, or prosecution as appropriate.
Disqualifying criminal history includes criminal convictions that are likely to render the individual statutorily ineligible for adjustment of status, as well as convictions that do not render noncitizens statutorily ineligible for adjustment of status but nevertheless warrant their disqualification from this process in the exercise of discretion. Further guidance on this topic is forthcoming.
Can the undocumented child of a noncitizen spouse covered by this policy also be considered for a grant of parole in place under the process?
Noncitizen children of potential requestors may be considered for parole in place under this process along with their noncitizen parent, if the child is physically present in the United States without admission or parole as of June 17, 2024 and has a qualifying stepchild relationship to a U.S. citizen as of that date. To qualify as a stepchild under the Immigration and Nationality Act, the noncitizen child must be unmarried, under the age of 21, and the marriage of their noncitizen parent and U.S. citizen stepparent must have taken place prior to the child’s 18th birthday. Further guidance on this topic is forthcoming.
Employment Authorization
If I am approved for parole, when can I apply for an employment authorization document (EAD)? Can I apply for an EAD at the same time as when I apply for parole?
An individual who is granted parole is immediately eligible to apply for an EAD from USCIS and can do so by submitting a completed Form I-765, Application for Employment Authorization, using the (c)(11) category code.
How long will it take to receive a decision on my employment authorization application?
Application processing times vary. USCIS has several tools that individuals can use to request information about their applications submitted to the agency, including the Case Status Online tool.
Helpful Links for Undocumented Spouses of US Citizens
- I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens
- Implementation of Keeping Families Together – DHS Regulation (8-20-24)
- Frequently Asked Questions About Keeping Families Together (USCIS)
- Keeping Families Together (8-16-24)
- Reminders on the Process to Promote the Unity and Stability of Families (7-17-24)
- Process to Promote the Unity and Stability of Families – USCIS (6-18-24)
- FACT SHEET: President Biden Announces New Actions to Keep Families Together (6-18-24)
- DOS Issues Guidance on Easing the Nonimmigrant Visa Process for U.S. College Graduates (6-18-24)
- Fact Sheet: DHS Announces New Process to Promote the Unity and Stability of Families (6-17-24)
- Statement of Secretary of Homeland Security Alejandro N. Mayorkas on the Biden-Harris Administration’s Actions to Keep American Families Together (6-18-24)