The Department of Homeland Security (DHS) revealed new steps aimed at keeping families united during the immigration process. The announcement supports the Biden-Harris administration’s objective of maintaining family unity.
DHS will soon introduce a process that will review, on a case-by-case basis, requests for “parole in place” from certain noncitizen spouses of U.S. citizens who have been living in the U.S. for at least ten years. If granted parole, these noncitizens will be able to apply for lawful permanent residence (a green card) without having to leave the country.
Important Dates and Process Information
Currently, the U.S. Citizenship and Immigration Services (USCIS) is not accepting applications under this new process. Applications will be accepted starting August 19. Any applications submitted before this date will be rejected. Additional details on eligibility and the application process will be provided in a future Federal Register notice.
Eligibility Requirements
To be eligible for a discretionary grant of parole under this new process, you must:
- Be in the United States without lawful admission or parole.
- Have been continuously present in the U.S. for at least ten years as of June 17, 2024.
- Have a legally valid marriage to a U.S. citizen as of June 17, 2024.
- Have no disqualifying criminal history or present a threat to national security or public safety.
- Otherwise warrant a favorable exercise of discretion.
USCIS may also consider certain noncitizen children of applicants if they were in the U.S. without admission or parole as of June 17, 2024, and have a qualifying stepchild relationship to a U.S. citizen.
What You Can Do Now
While you cannot apply yet, you can start preparing by gathering the necessary documentation to prove your eligibility:
- Proof of Marriage: Provide a marriage certificate showing a legally valid marriage to a U.S. citizen as of June 17, 2024.
- Proof of Identity: Gather documents such as:
- A valid state or country driver’s license or ID.
- A birth certificate with photo identification.
- A valid passport.
- Any government-issued document with your name, date of birth, and photo.
- Proof of U.S. Citizenship of Spouse: Include evidence like a passport, birth certificate, or Certificate of Naturalization of your spouse.
- Proof of Continuous Presence: Show evidence of being in the U.S. for at least ten years, as of June 17, 2024, such as:
- Rent receipts or utility bills;
- School records (letters, report cards, etc.);
- Hospital or medical records;
- Attestations to your residence by religious entities, unions, or other organizations, identifying you 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 applicants, evidence of eligibility should include:
- Proof of the child’s relationship to the noncitizen parent (e.g., birth certificate or adoption decree).
- Proof of the noncitizen parent’s legally valid marriage to a U.S. citizen.
- Proof of the child’s presence in the U.S. as of June 17, 2024.
Next Steps
Stay tuned for additional details regarding the application form and related fees in the Federal Register announcement. Meanwhile, start gathering the necessary documentation to support your application. For updates and additional details, visit the Process to Promote the Unity and Stability of Families webpage on the DHS website.
If you want to participate in this process, consider setting up or updating your myUSCIS account at my.uscis.gov.