On June 18, the Department of Homeland Security (DHS) announced a new measure aimed at promoting family unity in the immigration process. DHS is introducing 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 residing in the U.S. for at least ten years. If parole is granted, these individuals will be able to apply for lawful permanent residence without leaving the United States.
The process will begin accepting applications on August 19, 2024. It is important to note that applications submitted before this date will be rejected.
The DHS will publish a Federal Register notice that will provide further details about eligibility, the application process, the form to use, and the associated filing fees. It is crucial to wait for this notice before submitting an application.
Key Details of the Announcement
Eligibility Criteria
To be eligible for a discretionary grant of parole under this new process, applicants must meet the following criteria:
- Presence in the U.S.: Applicants must be present in the United States without admission or parole.
- Continuous Presence: They must have been continuously present in the United States for at least ten years as of June 17, 2024.
- Marriage to a U.S. Citizen: They must have a legally valid marriage to a U.S. citizen as of June 17, 2024.
- Criminal History: Applicants must not have any disqualifying criminal history or pose a threat to national security or public safety.
- Discretion: They must otherwise merit a favorable exercise of discretion.
Additionally, the DHS may consider certain non-citizen children of requesters under this process if, as of June 17, 2024 (today), they were physically present in the United States without admission or parole and have a qualifying stepchild relationship to a U.S. citizen.
Preparing for the Application
While the DHS is not currently accepting applications, interested individuals can start preparing by gathering necessary documentation to prove their eligibility. Here are some steps to take:
- Marriage Evidence: Collect evidence of a legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate.
- Proof of Identity: Gather documentation of proof of identity, including expired documents like a valid state or country driver’s license, birth certificate with photo identification, valid passport, or any government-issued document with the applicant’s name, date of birth, and photo.
- Spouse’s U.S. Citizenship: Provide evidence of your spouse’s U.S. citizenship, such as a passport, birth certificate, or Certificate of Naturalization.
- Continuous Presence: Compile documentation to establish continuous presence in the U.S. for at least ten years, such as rent receipts, utility bills, school records, hospital or medical records, attestations by religious entities, money order receipts, birth certificates of U.S.-born children, dated bank transactions, automobile license receipts, deeds, mortgages, rental agreements, insurance policies, or tax returns.
For non-citizen children, similar documentation regarding their relationship to the noncitizen parent and their presence in the U.S. as of June 17, 2024, will be needed.
Conclusion
This new DHS initiative represents a significant step toward promoting family unity in the immigration process. At Ahluwalia Law Offices (ALO), we are here to assist you in navigating this new process and ensuring that you have all the necessary documentation and information. For any legal assistance or questions, please do not hesitate to contact us.
This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).