Breaking Barriers: New Program Creates Unprecedented Opportunity for Undocumented Spouses of US Citizens

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.