Starting on August 19, 2024, eligible individuals can apply for Parole in Place, the new initiative from the White House and the Department of Homeland Security offering a legal pathway to US permanent residency for certain undocumented spouses and children of US citizens.
What is Parole in Place?
Parole in Place is an immigration benefit that allows individuals who entered the US without authorization to remain in the US lawfully.
Successful recipients will be considered to be in the US with legal authorization, and will be able to apply for work authorization and be eligible to apply for a Green Card through the adjustment of status process within three years of being granted parole.
Eligibility Criteria
To qualify for this new program, undocumented individuals currently in the US must meet specific criteria, including being in the U.S. without admission or parole, having a legally valid marriage to a U.S. citizen as of June 17, 2024, being continuously present in the U.S. for at least 10 years, having no disqualifying criminal history or security concerns, and otherwise meeting the Department of Homeland Security’s discretion.
Those who believe they are eligible should consider applying as soon as the filing window opens on August 19, 2024, especially as potential changes in Administration following the November US elections could impact the availability of the program.
USCIS has provided a list of suggested evidence for those who may qualify, including proof of a legally valid marriage to a US citizen, identity documentation, evidence of the spouse’s US citizenship, and documentation proving continued presence in the US for at least 10 years.
It is estimated that around 500,000 noncitizen spouses of US citizens and approximately 50,000 noncitizen children could be eligible for this program.
Full application and fee details are yet to be provided.
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
