New Parole In Place Program for U.S. Citizens with Noncitizen Spouses and Children

On July 17, 2024, Biden announced that beginning on Monday, August 19, 2024, eligible spouses and children will be able to apply for this new Parole in Place program. Our office will be holding an information session on ZOOM at 10:00 a.m. and 7:00 p.m. on Tuesday, August 20, 2024 in English and Spanish.

Meeting links can be found below. We will not have access to additional information until it is released by the government on August 19, 2024.

10:00 a.m. meeting link

7:00 p.m. meeting link

Please read further for information currently available.

On June 18, 2024, President Biden announced a new Parole in Place program. The new program will allow for eligible individuals to receive a one-time grant of parole and employment authorization for up to three years. Once an individual is granted parole, they may be able to apply for permanent residence (“green card’) within three years of approval WITHOUT leaving the United States.

To qualify, individuals, as of June 17, 2024, must have:

  • Entered the U.S. without permission and do not hold any lawful status;
  • Been physically present in the U.S. on June 17, 2024;
  • Lived in the United States for at least 10 years and have never left;
Legally married a U.S. citizen (qualifying stepchild(ren) included); and 
  • No prior deportations or removals, certain criminal history, or pose a threat to national security or public safety.

The program is discretionary, and eligibility is determined on a case-by-case basis.

In addition, this new program will also help certain DACA recipients and “Dreamers” (this has not been defined). College-educated DACA recipients who qualify for nonimmigrant status, such as an H-1B specialty occupation visa. An individual may be eligible to apply for a temporary work visa more easily if they:

  • Have a degree from an accredited U.S. institution of higher education; and
  • Have an offer of employment from a U.S. employer in a field related to your degree.

Please note that these programs have yet to begin and applications have yet to be made available. Details on how to apply are expected to be released by the end of the summer.

This means:

  • An early-filed application WILL BE REJECTED.
  • You SHOULD NOT pay anyone a fee associated with applying at this time.
  • BE PATIENT and take the time to find the right help. The right advice could help your chances of staying in the United States, getting lawful status, or becoming a U.S. citizen.
  • DON’T BE FOOLED by notaries and other consultants who promise immediate results or special solutions. Many unscrupulous individuals will cost more than licensed attorneys! If you are unsure if someone is qualified to help, ask for proof of their credentials as a lawyer with a state bar license, or a Department of Justice (DOJ) Accredited Representative, and retain a copy of that evidence.

In addition, please note:

This program could be challenged in the courts, impacting its implementation.

Receiving a grant of Parole in Place will not forgive or pardon any other immigration violations nor does it mean that you will automatically be granted permanent residency.

If you were “waived through” at a port of entry, that is a legal entry. You may qualify to legalize your status now, but an application for Parole in Place will be denied.

To prepare, begin gathering the following:

  1. Birth Certificates
  2. Marriage Certificate
  3. Government Issued identification
  4. Certified criminal records
  5. Immigration records

It is important to have a qualified and knowledgeable attorney assist you with this process. Please feel free to contact our office at (714) 494-4545 if you have any questions or would like to get your case assessed or evaluated.

Categories: 
Related Posts
  • Noticias y Opiniones sobre Inmigración Read More
  • Immigration News & Views Read More
  • Informacion Importante Sobre el Nuevo Programa de Parole In Place Read More
/