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Parole in Place: New USCIS Family Unity Initiative

Updated: 8 hours ago

We’re thrilled to share a groundbreaking initiative from the Department of Homeland Security promoting family unity and stability! President Biden has ordered a process allowing noncitizen spouses of U.S. citizens to adjust their status within the U.S. without leaving the country.

This initiative by USCIS could potentially benefit approximately 500,000 noncitizen spouses and 50,000 children of U.S. citizens, who may be eligible to adjust their status without the stress of international travel.

Under current law, persons who enter the country without inspection are generally not allowed to adjust their status in the U.S., even if married to a citizen, causing hardship and separation for those families.

Carolina Antonini, attorney at Antonini & Cohen, is thrilled to share about the new Family Unity Parole in Place program!

Parole in Place requirements

  • Be present in the U.S. without admission or parole.

  • Have been continuously present in the U.S. for at least 10 years.

  • Have a legally valid marriage to a U.S. citizen as of June 17th, 2024, including common-law marriages in states that recognize such unions.

Individuals must have no disqualifying criminal history, pose no threat to national security or public safety, and demonstrate that they merit a favorable exercise of discretion.

Additionally, children of potential applicants may be considered for parole under this process if they:

  1. Are physically present in the U.S. without admission or parole, and

  2. Have a qualifying stepchild relationship with a U.S. citizen as of June 17th, 2024.

When will applications be received?

Further information regarding eligibility and the application process, including a notice in the Federal Register, will be published soon.

USCIS will reject any filings received before the official start date of the application period. While we expect USCIS to begin accepting applications later this summer, the exact application period has not been announced yet.

How to apply?

Noncitizen spouses must complete a form with USCIS and submit a fee. They must also provide supporting documents demonstrating they meet the eligibility requirements.

USCIS will evaluate each case individually, conducting background checks and assessing security considerations.

What can I do now?

PREPARE! USCIS considers an applicant's immigration and criminal history when making final decisions. It's crucial to assess both your eligibility for the program and your overall situation.

Stay tuned as we provide more details on how this initiative can positively impact families across the nation.

Call us at (470) 428-3200 or contact us via our online form to schedule a consultation so we can assess your eligibility for this new program.

At Antonini & Cohen, we know how!

Other actions by the Biden-Harris Administration

The DHS is working on more efficiently facilitating access to certain employment-based nonimmigrant visas for eligible individuals, including Deferred Action for Childhood Arrivals (DACA) recipients and undocumented individuals who have graduated from an accredited U.S. institution of higher education.

You can read more about this in "Biden to Expand D-3 Waiver Access"

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