On June 18, the Department of Homeland Security (DHS) announced new measures to promote family unity within the immigration process, reinforcing the Administration’s commitment to keeping families together.
As part of these measures, DHS is implementing a process to consider requests for parole in place from certain noncitizen spouses of U.S. citizens who have resided in the United States for at least a decade. If granted parole, these noncitizens will have the opportunity to apply for lawful permanent residence without having to leave the country.
Starting on August 19 2024, USCIS will begin accepting applications for this process. Applications submitted before this date will be automatically rejected. Detailed information about eligibility and the application process will be published in an upcoming Federal Register notice.
Contact Roberson Law, LLC today to see how we can help your family
Eligibility Criteria
To be eligible for this discretionary grant of parole, applicants must meet the following criteria on a case-by-case basis:
- Be present in the United States without admission or parole.
- Have continuously resided in the United States for at least 10 years as of June 17, 2024.
- Be legally married to a U.S. citizen as of June 17, 2024.
- Have no disqualifying criminal history and pose no threat to national security or public safety.
- Meet other requirements that justify a favorable exercise of discretion.
Certain noncitizen children of these applicants may also be considered under this process if they have a qualifying stepchild relationship with a U.S. citizen and have been physically present in the United States without admission or parole as of June 17, 2024.
Application Timeline
Currently, applications are not being accepted. USCIS will issue a Federal Register notice explaining the eligibility criteria and application process in detail, including the required forms and associated fees. Applications submitted before the official implementation date will be rejected.
What You Can Do Now
While applications are not yet open, you can start preparing by gathering evidence of your eligibility, such as:
- Proof of a legally valid marriage to a U.S. citizen as of June 17, 2024 (e.g., marriage certificate).
- Documentation to establish your identity, including expired documents like:
- Valid state or country driver’s license or identification.
- Birth certificate with photo identification.
- Valid passport.
- Any government-issued document bearing your name, date of birth, and photo.
- Evidence of your spouse’s U.S. citizenship (e.g., passport, birth certificate, Certificate of Naturalization).
- Documentation showing continuous presence in the United States for at least 10 years as of June 17, 2024, such as:
- Rent receipts or utility bills.
- School records (letters, report cards, etc.).
- Hospital or medical records.
- Attestations of residence by religious entities, unions, or other organizations.
- Official records from religious ceremonies.
- Money order receipts for transactions within or outside the United States.
- Birth certificates of children born in the U.S.
- Dated bank transactions.
- Automobile license receipts, titles, or registrations.
- Deeds, mortgages, or rental agreement contracts.
- Insurance policies.
- Tax returns or tax receipts.
For noncitizen children, relevant evidence may include:
- Proof of the child’s relationship to the noncitizen parent (e.g., birth certificate, adoption decree).
- Proof of the noncitizen parent’s legally valid marriage to a U.S. citizen as of June 17, 2024.
- Evidence of the child’s presence in the United States as of June 17, 2024.
How Legal Counsel Can Help
Navigating the complexities of the immigration process can be overwhelming, especially with new policies and procedures. Legal counsel can be invaluable in ensuring that you meet all eligibility requirements and compile the necessary documentation in an organized and efficient manner.
For those in the Kansas and Missouri areas, Roberson Law, LLC is an experienced immigration attorney firm that can assist you through this process. They can help you understand your eligibility, gather the necessary evidence, and ensure that your application is correctly submitted when the time comes. Working with Roberson Law, LLC can provide peace of mind as you navigate this important and potentially life-changing process.
Contact Roberson Law, LLC today to see how we can help you and your family with your case.
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