Breaking Barriers: New Program Creates Unprecedented Opportunity for Undocumented Spouses of US Citizens
August 2, 2024

Country / Territory
Related contacts
Related offices
Related content
Related contacts
Related offices
Related content
Related contacts
Related offices
Related content
The White House and the Department of Homeland Security recently announced a new program that stands to create a legal pathway for permanent residence (e.g., green card) for certain undocumented spouses and children of US citizens.
In a two-step approach, eligible individuals will be able to submit applications for Parole in Place beginning August 19, 2024 – and once approved, will then be able to apply for permanent residence from within the US through the adjustment of status process.
It is estimated that 500,000 noncitizen spouses of US citizens and approximately 50,000 noncitizen children of these spouses—including those granted benefits under the DACA program—are eligible to seek parole under this process.
What is Parole in Place?
Parole in Place is an immigration benefit granted on a case-by-case basis that allows individuals who entered the US without authorization to remain lawfully in the country. Once Parole in Place is granted, recipients are:
-
-
- Considered to be in the US with authorization;
- Eligible to apply for work authorization; and
- Eligible to apply for adjustment of status (e.g., green card) within three years of being granted parole.
-
What are the Eligibility Criteria?
Undocumented individuals currently in the US may qualify for the new program if they meet the following criteria:
-
-
- Are currently present in the US without admission or parole, including individuals on DACA;
- Have a legally valid marriage to a US citizen as of June 17, 2024;
- Have been continuously present in the US for at least 10 years as of June 17, 2024;
- Have no disqualifying criminal history or national security/public safety concerns; and
- Otherwise merit favorable discretion by the Department of Homeland Security.
-
How Can Interested Parties Prepare?
Those who think they may be eligible for the Parole in Place program should apply as soon as possible once the filing window opens on August 19.
Should there be a change in administration following the November US elections, the Parole in Place program may no longer be available.
USCIS has released the following list of suggested evidence for spouses who may qualify under the program. Interested applicants should begin to gather documentation in advance.
-
-
- Evidence of a legally valid marriage to a US citizen as of June 17, 2024, such as a marriage certificate;
- Documentation of proof of identity, including expired documents such as:
-
- Valid state or country driver’s license or identification;
- Birth certificate with photo identification;
- Valid passport; or
- Any government-issued document bearing the applicant’s name, date of birth, and photo.
-
- Evidence of spouse’s US citizenship, such as a passport, birth certificate or Certificate of Naturalization; and
- Documentation to establish continued presence in the US for at least 10 years, as of June 17, 2024.
-
Further details—including the required forms, documentation, and fees needed to apply—are forthcoming.
Need to Know More?
Fragomen expects to learn more in the coming weeks about the full scope of the program, and along with our partner, SimpleCitizen, will have tools to help corporate and individual clients through the adjustment of status process.
This blog was published on August 2, 2024, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.
Country / Territory
Related contacts
Related offices
Related content
Related contacts
Related offices
Related content
Related contacts
Related offices
Related content
Explore more at Fragomen

Media mentions
Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.

Blog post
Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.

Blog post
Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.

Blog post
Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.

Blog post
Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.

Video
In this video, we share an overview of Fragomen's posted worker compliance solutions.

Blog post
Partner Jo Antoons and Managers Sara Fekete and Andreia Florina Ghimis explore how digitalization is reshaping European compliance programs and share how organizations can prepare with Fragomen’s support.

Media mentions
Partner Rajiv Naik examines how the UK’s industrial strategy and immigration reforms will reshape talent access and create new opportunities for HR and mobility teams.

Media mentions
Partner Audrea Golding discusses recent changes requiring most H-1B visa holders and certain dependents to complete in-person interviews abroad for visa renewals.

Podcast
Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi are joined by Lara Dyer, Chief Program Officer (Americas) at Talent Beyond Boundaries, to explore Canada’s EMPP.

Blog post
Director Johannes Kgotso Tiba explains the legal process and key considerations for individuals seeking to regain South African citizenship after renunciation or loss.

Blog post
Partner Kenneth Lau discusses the development and implications of Vietnam's updated work permit regulations.

Media mentions
Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.

Blog post
Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.

Blog post
Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.

Blog post
Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.

Blog post
Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.

Video
In this video, we share an overview of Fragomen's posted worker compliance solutions.

Blog post
Partner Jo Antoons and Managers Sara Fekete and Andreia Florina Ghimis explore how digitalization is reshaping European compliance programs and share how organizations can prepare with Fragomen’s support.

Media mentions
Partner Rajiv Naik examines how the UK’s industrial strategy and immigration reforms will reshape talent access and create new opportunities for HR and mobility teams.

Media mentions
Partner Audrea Golding discusses recent changes requiring most H-1B visa holders and certain dependents to complete in-person interviews abroad for visa renewals.

Podcast
Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi are joined by Lara Dyer, Chief Program Officer (Americas) at Talent Beyond Boundaries, to explore Canada’s EMPP.

Blog post
Director Johannes Kgotso Tiba explains the legal process and key considerations for individuals seeking to regain South African citizenship after renunciation or loss.

Blog post
Partner Kenneth Lau discusses the development and implications of Vietnam's updated work permit regulations.