The Biden Administration has announced that, starting August 19, eligible spouses of U.S. citizens will be able to submit applications to apply for benefits pursuant to the recently announced parole in place (PIP) program. Initially they will be eligible for three years of employment authorization (EAD). Within this time period, they may also apply for a green card through adjustment of status.
This parole program was anncouned by the Biden Administration earlier in June of this year. The purpose is to offer an opportunity for long time spouses of U.S. citizens to be able to obtain legal status without having to depart the United States and be seperated from their family. Under current immigraion regulations, a person who has entered the United States illegally without a formal inspection and admission by an immigration officer is not allowed to be legalized, even though the person has married a U.S. citizen. These individuals typically must depart the U.S. and apply for an immigrant visa to return. Due to their previous immigration violations, it is generally very difficult for them to get a visa. They may first apply for visa waivers or other discretionary relief.
Starting August 19, 2024, this group of spouses of U.S. citizens may begin submitting applications to apply for parole status in the United States. If approved for parole in place, the non-citizen spouses will then be permitted to apply for lawful permanent residence within the United States through the adjustment of status process.
Further details for the application process should be announced in a Federal Register notice soon. To qualify for parole status, an applicant:
- Must be present in the United States without admission or parole;
- Must have a legally valid marriage to a U.S. citizen as of June 17, 2024;
- Must be continuously present for at least 10 years as of June 17, 2024;
- Must have no disqualifying criminal history or national security/public safety concerns; and
- Must otherwise merit favorable discretion by DHS.
It should be noted that certain non-citizen children of this group of spouses may also be eligible for benefits under this parole program. To qualify, a child must be unmarried, under the age of 21, and have been physically present in the United States without admission or parole and have had a qualifying stepchild relationship with the U.S. citizen, both as of June 17, 2024. Further, the child must have been under the age of 18 at the time of the marriage that created the stepchild relationship.
Applicants must wait for further instructions before they may submit their applications for parole starting August 19. However, eligible applicants should start collecting supporting documents as soon as possible to get ready. These documents include their passports, ID documents, marriage certificates, birth certificates, proof of 10 years of physical presence, federal income tax returns, school records, medical documents, etc. If they have been arrested for any reasons, they must provide documents regarding the final disposition of the case.
This program can be described as an "once in a life time opportunity" for hundreds of thousands of applicants to be legalized. Eligible applicants should take it seriously and make every efforts to submit a legally sufficient application. If in doubt, they should consult with an experienced immigration attorney for further information.
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