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The Biden Parole in Place Program for Undocumented Spouses & Stepchildren of U.S. Citizens

The Biden Parole in Place Program for Undocumented Spouses & Stepchildren of U.S. Citizens

On June 17, 2024, the Department of Homeland Security (DHS) announced a new Parole in Place (PIP). President Biden also announced this program during the June 18, 2024 White House event. This new program will offer legal protections for undocumented spouses and/or stepchildren of U.S. Citizens.

USCIS has offered various parole programs to promote the unity and stability of families, such as the Military Parole-in-Place, family reunification processes for nationals of Colombia, El Salvador, Guatemala, Honduras, and processes for Ecuador and Cuba, Haiti, Nicaragua, and Venezuela. This spouse and stepchildren Parole in Place program will further foster family unity.

If you entered the US with a visa and married to a U.S. citizen, then you can apply for a marriage green card. However, if you entered without admission or parole, then you need to leave the United States to have your entry without admission or parole fixed through an I-601A waiver. This process has burdened families because of its complexities and prolonged processing times. The Biden Parole-in-Place program will simplify and shorten the processes by allowing the spouses and/or stepchidren of the U.S. spouses to adjust status to permanent residence without leaving the United States.

Here are the key aspects of Parole in Place

Who Is Eligible for the Biden Parole in Place?

[1] The spouse of the U.S. citizens who:

  • Are 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; and
  • Have a legally valid marriage to a U.S. citizen as of June 17, 2024.

You are not eligible for this process if you entered the U.S. with a valid visa and overstayed. If you are married to a U.S. citizen, you can adjust your status to permanent residency through a marriage green card process. Meanwhile, if you entered the U.S. without admission or parole but have been in the U.S. for less than ten years as of June 17, 2024, married a U.S. lawful permanent resident, or married a U.S. citizen after June 18, 2024, you may need to go through an I-601A process to obtain a green card.

[2] The stepchildren of the U.S. citizens who:

  • Are 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; and
  • Were younger than 18 years old when the parents legally married.

In addition, the spouses and stepchildren must have no disqualifying criminal history or otherwise constitute a threat to national security or public safety and should otherwise merit a favorable exercise of discretion.

How to Apply for the Biden Parole-in-Parole?

Detailed information regarding eligibility and the application process will be published in the Federal Register soon. However, because this program may be similar to the military Parole-in-Place, this new program will probably require the spouses and/or stepchildren to apply for an I-131 application first. Certain supporting documents will be required, such as a U.S. citizenship document of the U.S. citizen spouse and stepparent, marriage certificate, birth certificate of the parole applicant, and 10-year U.S. residency documents. Because the US Citizenship and Immigration Services (USCIS) will grant parole in place on a case-by-case basis, some supporting documents will also be required to merit a favorable exercise of discretion.

When USCIS approves the I-131 application, you can submit your marriage green card case. The first step in the process is to submit an I-130 petition to the USCIS, along with supporting documents that prove the validity of your marriage and provide the required biographic information. You can concurrently file an I-485 Application to Register Permanent Residence, I-765 Employment Authorization Document, and I-131 Advance Parole applications.

The quality and completeness of the forms and supporting documents play a significant role in the processing time and approval of your case, so it’s crucial to ensure they are well-organized.

Navigating the Path to Permanent Residency via the Biden Parole in Place with Francis Law Center

A marriage green card through the Biden Parole in Place is great news, but it will require expert guidance to navigate it.

At Francis Law Center, led by Attorney Jae Francis Lee, we are dedicated to guiding you through every step of your marriage-based green card application. Our team, fluent in five languages and grounded in personal immigration experiences, offers comprehensive support tailored to your unique circumstances. From our offices in Chicago, Naperville, Schaumburg, IL, and Madison, WI, we’re committed to confidently helping you navigate these changes.

Contact us today for expert assistance and to ensure your application meets the new requirements. Let us help you secure your future in the United States with professional guidance tailored to the latest USCIS program.

The Biden Parole in Place Program for Undocumented Spouses & Stepchildren of U.S. Citizens
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