On June 18, 2024, President Biden unveiled a new initiative aimed at easing the path to lawful status for certain individuals who entered the country without authorization. This program introduces "parole-in-place," allowing eligible individuals to apply for temporary protection and a work permit, with the opportunity of eventually obtaining their green card without the need to risk lengthy separations from their families.
Under the current U.S. immigration laws, spouses of U.S. citizens typically qualify for permanent residency. However, for those who entered without inspection, the process becomes exponentially more challenging. These individuals often face many hurdles and the risk of prolonged family separation if they must leave the U.S. to obtain a visa through consular processing. Upon departure from the United States, an individual who has been unlawfully present for more than 180 days but less than one year triggers a 3-year bar from reentering the U.S. If unlawfully present for one year or more, they trigger a 10-year bar. These bars prevent immediate return to the U.S. even after obtaining an immigrant visa abroad. To overcome the 3 or 10-year bars, immigrants may need to apply for waivers based on extreme hardship to a U.S. citizen or lawful permanent resident spouse or parent. Proving extreme hardship can be challenging and requires substantial documentation and evidence. Consular processing for an immigrant visa involves leaving the U.S. and waiting abroad during the application process, which can result in significant separation from family members who are U.S. citizens or lawful permanent residents. In addition, these waivers are not guaranteed and processing times can stretch to years, leaving families in limbo for long periods of time.
This new initiative allows for those eligible to apply for work permits and stay in the U.S. while pursuing lawful permanent residency. This enables them to adjust their status without triggering reentry bars that typically apply to those leaving the country. This greatly reduces the risk and uncertainty for those eligible when getting their green card. In order to be eligible for this new program, you:
Entered the U.S. without inspection;
Are a spouse of a U.S. citizen;
Have maintained a continuous U.S.residence for 10 years or more; and
Do not have certain criminal records, or pose a threat to national security or public safety.
Although the application process does not open up until August 19, 2024, you can start collecting evidence beforehand so you are ready to file when the application opens up. First, the applicant must provide evidence demonstrating their identity. This would include documents such as a state or country driver’s license or identification, birth certificate with photo identification, a valid passport, or any government issued ID with the applicant’s name, date of birth, and photo. Next, the applicant will need to provide evidence demonstrating that they are married to a U.S. citizen. This can be done through a marriage certificate. They will also need evidence of their spouse’s U.S. citizenship which could be done through a passport, birth certificate, or a Certificate of Naturalization, depending on their spouse’s circumstances. Finally, the applicant will need to demonstrate continued presence in the United States for at least 10 years. This could include many different types of documents including but not limited to: rent receipts or utility bills, schools records (letters, report cards, etc.), hospital or medical records, organizations identifying you by name, money orders, bank transactions, automobile license receipts or registration, deeds mortgages or rental agreement contracts, insurance policies, or tax returns.
In addition, children of the requestor could also be eligible to apply alongside the primary applicant under this new program. In order for the child to be eligible, they must meet the following criteria:
They are the step or biological child of the primary applicant
The primary applicant has a legally valid marriage to a U.S. citizen
The child resided in the United States since June 17, 2024
Evidence of eligibility for the primary applicant's child would include their birth certificate/adoption decree, the marriage certificate between the primary applicant and a U.S. citizen, and documents demonstrating residence in the United States as of June 17, 2024. This could include school records (report cards, letters from school officials, etc.), hospital or medical records, or letters from organizations confirming your involvement.
The parole-in-place program provides more than just legal status. It offers security, peace of mind, and the opportunity to work legally in the U.S. while awaiting permanent residency. Beyond individual benefits, it promises stability for U.S. citizen spouses and children, ensuring families can remain united and thrive. As the details of this new initiative unfold in the coming months it signals a more compassionate approach to immigration policy, one that prioritizes family unity and practical solutions. This program marks a pivotal step forward in addressing long standing challenges within the U.S. immigration system, providing a lifeline to thousands of families striving for a better future in America.
WE ARE A EUGENE IMMIGRATION ATTORNEY OFFICE READY TO HELP YOU CONTACT US BY CALLING 541-484-1811 OR BY EMAILING BWANG@BWANGLAW.COM.
DISCLAIMER: This Article is for informational purposes only and may not be used in the place of legal advice.