Loading...
July 18, 2024

PRESIDENT BIDEN’S AFFIRMATIVE RELIEF ANNOUNCEMENT: USCIS WILL BEGIN ACCEPTING PAROLE IN PLACE APPLICATIONS ON AUGUST 19, 2024

Today, July 17, 2024, the White House and U.S. Citizenship and Immigration Services (USCIS) issued updates on the actions announced by the U.S. Department of Homeland Security (DHS) on June 18, 2024 to promote family unity in the immigration process.

As detailed in our previous update –  PRESIDENT BIDEN’S AFFIRMATIVE RELIEF ANNOUNCEMENT – DHS is in the process of establishing a process to consider, on a case-by-case basis, requests for parole in place from certain noncitizen spouses of U.S. citizens who have been in the U.S. for at least a decade. If parole is granted, noncitizens who are eligible to apply for lawful permanent residence based on their marriage to a U.S. citizen will be able to do so without having to leave the United States.

Earlier today, the White House released a Fact Sheet announcing new actions to expand opportunities for Latino communities and ensure every family has a fair shot at the American dream.

Among other things, the Fact Sheet announced that beginning on August 19, 2024, eligible spouses and children will be able to apply for parole in place to obtain legal status while remaining with their families.

Later today, USCIS provided a list of documents that could be gathered now to demonstrate eligibility for the parole in place program.  Note that USCIS is not currently accepting applications under this program.

Although USCIS is not currently accepting parole in place applications, prospective applicants can begin to prepare to file a parole application by gathering evidence demonstrating eligibility, such as:

  • Evidence of a legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate;
  • Documentation of proof of identity, including expired documents may include:
    • Valid state or country driver’s license or identification;
    • Birth certificate with photo identification;
    • Valid passport; or
    • Any government issued document bearing the requestor’s name, date of birth, and photo.
  • Evidence of spouse’s U.S. citizenship, such as a passport, birth certificate or Certificate of Naturalization;
  • Documentation to establish prospective applicant’s continued presence in the United States for at least 10 years, as of June 17, 2024. While more information will be made available in the forthcoming Federal Register Notice and subsequent FAQs, examples of documentation could include copies of:
    • Rent receipts or utility bills;
    • School records (letters, report cards, etc.);
    • Hospital or medical records;
    • Attestations to applicant’s residence by religious entities, unions, or other organizations, identifying applicant by name;
    • Official records from a religious entity confirming participation in a religious ceremony;
    • Money order receipts for money sent into or out of the United States;
    • Birth certificates of children born in the United States;
    • Dated bank transactions;
    • Automobile license receipts, title, or registration;
    • Deeds, mortgages, or rental agreement contracts;
    • Insurance policies; or
    • Tax returns or tax receipts.

For noncitizen children of requestors, evidence of eligibility could include:

  • Evidence of the child’s relationship to the noncitizen parent, such as a birth certificate or adoption decree;
  • Evidence of the noncitizen parent’s legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate; and
  • Evidence of the child’s presence in the United States as of June 17, 2024.

As a reminder, to be considered for a discretionary grant of parole, on a case-by-case basis, under this process, the applicant must:

  • Be present in the United States without admission or parole;
  • Have been continuously present in the United States for at least 10 years as of June 17, 2024;
  • Have a legally valid marriage to a U.S. citizen as of June 17, 2024;
  • Not have any disqualifying criminal history or otherwise constitute a threat to national security or public safety; and
  • Otherwise merit a favorable exercise of discretion.

Again, note that the parole in place has NOT YET begun. USCIS will begin accepting applications on August 19, 2024. Details on how to apply for parole in place are expected to be released through a Federal Register notice.

This means:

  • You CANNOT submit an application for parole in place at this time.
  • You can begin to prepare to file a parole in place application by gathering evidence demonstrating eligibility
  • You SHOULD NOT pay anyone a fee associated with filing a parole in place application at this time.
  • BE PATIENT and take the time to find the right help. The wrong advice could harm your chances of staying in the United States, getting lawful status, or becoming a U.S. citizen.
  • DON’T BE FOOLED by notarios and other consultants who promise immediate results or special solutions in order to steal your money. Many unscrupulous individuals will cost more than licensed attorneys! If you are unsure if someone is qualified to help, ask for proof of their credentials and retain a copy of that evidence.

This parole in place program could also be legally challenged, which could impact its implementation. This makes it even more important to hire a qualified, knowledgeable attorney to represent you.

Contact one of HSD Immigration Lawyer offices in Clark, NJ; Chicago, IL; Naperville, IL or Raleigh, NC, for additional information about the parole in place announcement and related updates.