Today, USCIS will start accepting applications for the new Parole in Place program. As part of President Biden’s Keeping Families Together initiative, this program allows noncitizens who were not legally admitted to the U.S. to apply for temporary legal status if: 1) they are married to a U.S. citizen and got married before June 17, 2024 (when the program was announced); 2) they have been continuously present in the U.S. for at least 10 years; and, 3) they have no criminal history and are not a threat to public safety or national security. Stepchildren of U.S. citizens are also eligible.
A person who was not legally admitted to the U.S. is not allowed to apply for a green card. So, even if they are married to an American citizen, people who entered the country illegally can’t file an application to “fix” their immigration status. But, if they are granted parole through this new program, then they will be in lawful temporary status, which will open the door for the normal family-based adjustment of status process. This is a major change that could impact half a million families in the U.S. Before this program, families were faced with a difficult choice to either continue living under the radar in unlawful status or to go back to their home country and try to get an immigrant visa from the U.S. Consulate. The immigrant visa process is risky, because once these noncitizens leave the U.S., they could be barred from re-entering for up to 10 years. Many families choose to live in limbo instead of taking a chance on getting separated.
Think you or your family member might qualify for this new program? Contact Best Law for more information on the rules and how to apply!