The Parole in Place program applies to certain undocumented spouses of U.S. citizens, and is designed to keep families together.

On July 17, 2024, USCIS published the following:

"On June 18, the Department of Homeland Security (DHS) announced actions to promote family unity in the immigration process. This announcement is consistent with the Biden-Harris administration’s commitment to keep families together. DHS is 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.  

USCIS is not currently accepting applications under this process. We will begin accepting applications on Aug. 19. If you apply before Aug. 19, we will reject your application. More information about eligibility and the application process will be published in a forthcoming Federal Register notice. 

Eligibility 

To be considered for a discretionary grant of parole, on a case-by-case basis, under this process, you 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. 

More information about these eligibility criteria will be available in the forthcoming Federal Register notice. 

Timeline 

You cannot apply for this process yet. We will publish a Federal Register notice that will further explain eligibility and the application process, including the form to use, and the associated filing fees. If you apply before the implementation date in the Federal Register notice, we will reject your application.  

We will provide additional information on the Process to Promote the Unity and Stability of Families webpage as it becomes available. 

What You Can Do Now 

Although we are not currently accepting applications, you can begin to prepare to file a parole application by gathering evidence of your 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 your spouse’s U.S. citizenship, such as a passport, birth certificate or Certificate of Naturalization; 
• Documentation to establish your 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 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 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."

UB Greensfelder’s Immigration Law Group is closely monitoring these developments and is prepared to support you and your organization with your business needs. Please reach out to our immigration attorneys if you have any questions.

The information provided in this client alert speaks only to the information and guidance we have available as of the date of publication and is subject to change. We will continue to follow further issued guidance and regulations and endeavor to post those updates via our website. This legal update was created by UB Greensfelder LLP and is not intended as a substitute for professional legal advice. Receipt of this client alert, by itself, does not create an attorney-client relationship. For any questions, or for further information, please contact David W. Leopold at dleopold@ubglaw.com or Anastasia Tonello at atonello@ubglaw.com.