In June we reported that the Biden administration had announced a parole-in-place program to help unite families. This new initiative aimed to benefit those married to a U.S. Citizen who had entered without admission or parole and had continuously resided in the U.S. for at least 10 years as of June 17, 2024.
Although precise details of the program have not yet been released USCIS has stated it will begin accepting applications for eligible spouses and children on August 19, 2024. Any applications filed prior to this date will be rejected.
To be eligible for the parole-in-place programs individuals must meet the following criteria:
– Be 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.
Furthermore, individuals must have a clean criminal record, pose no threat to national security or public safety, and demonstrate that they deserve a favorable exercise of discretion.
More information regarding the above criteria, as well as the application process, is expected in the upcoming Federal Register notice.
Documentation
Although it is not yet possible to file for the parole-in-place USCIS has provided a helpful list of documents that individuals can start working on:
- 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 eligible children of requestors applying for parole-in-place the following documents are required:
- 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.
Once the federal register notice is published, we will provide an update on the application process, the required forms, and fees. If you have any questions in the meantime, please contact PLG Partner Chris Prescott at cprescott@patellegal.com.