On June 18, 2024, President Biden announced a series of immigration actions using the authority granted to him by our existing immigration laws. These actions are intended to help certain undocumented individuals in the United States.

Qualifications:

Noncitizen Spouses of U.S. Citizens:

• Must be present in the United States without admission or parole.
• Must have been continuously physically present in the United States for at least 10 years as of June 17, 2024 (i.e., since June 17, 2014).
• Must have a legally valid marriage to a U.S. citizen as of June 17, 2024.
• Must have no disqualifying criminal history.
• Must not pose a threat to national security, public safety, or border security.
• Must merit parole in place as a matter of discretion.

Noncitizen Stepchildren of U.S. Citizens:

• Must meet the same continuous physical presence requirement as the noncitizen spouses (present since June 17, 2024).
• Must have no disqualifying criminal history.
• Must not pose a threat to national security, public safety, or border security.
• Must meet the INA’s definition and requirements of a stepchild.
• Must merit parole in place as a matter of discretion.

Requirements:

Application Process:

• Apply using USCIS Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S.
• Pay the $580 filing fee for Form I-131F
• Requests for parole in place will be considered on a case-by-case basis.
• Positive and negative discretionary factors will be considered.
• Criminal history, any previous removal proceedings, and removal orders will be reviewed.
• Background checks will be conducted, including national security and public safety vetting.

Exclusions:

• Noncitizens with serious criminal convictions, or those who pose a threat to national security or public safety, will be ineligible.
• Noncitizens with pending criminal charges will be ineligible until those charges are resolved.
• Noncitizens with unexecuted final removal orders are presumptively ineligible, although this can be overcome in certain circumstances.

Discretionary Nature:

• The decision to grant parole in place is discretionary and may be influenced by factors such as the seriousness of any criminal convictions and other mitigating circumstances.

Benefits granted:

• Parole-in-place for 3 years, a program that protects undocumented individuals living in the United States from deportation and provides work authorization.
• You may be eligible to apply for a green card if all other eligibility requirements are met.

 

Please schedule a consultation with our office if you believe you meet the qualifications.

Thank you!