On June 18, 2024, the Biden administration announced a new immigration program offering lawful permanent resident status (green cards) to certain undocumented immigrants. The goal of the program is to promote family unity in the immigration process.
The Department of Homeland Security (DHS) is currently establishing a process to consider, on a case-by-case basis, requests for parole in place from certain undocumented immigrants living in the United States. Applications for parole in place may be submitted to U.S. Citizenship and Immigration Services beginning on August 19, 2024. This application is the the first step in a process that may lead to people finally receiving their green cards! Please note that applications submitted before August 19, 2024 will be rejected.
The legal requirements for a migrant’s parole application include the following:
- Entry to the United States without admission or parole. This program is not available to people who lawfully entered the U.S. with a visa (such as a B-2 tourist visa) and simply overstayed their allowable time in the U.S.
- Continuous presence in the United States for at least 10 years as of June 17, 2024.
- A legally valid marriage to a U.S. citizen as of June 17, 2024.
- A lack of any disqualifying criminal history and is not considered a threat to national security or public safety.
- The applicant merits a favorable exercise of discretion.
Noncitizen children of parole applicants may also be eligible for permanent resident status under this program if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship to a U.S. citizen as of June 17, 2024.
The biggest benefit to this program is that undocumented migrants granted parole will be eligible to apply for permanent resident status without being forced to leave the United States!
This new program could revolutionize the tedious, strenuous, and nerve-wracking fear that plagues countless migrant families throughout the country. For many families, this program is the answer to so many of their issues. Many undocumented immigrants fear even beginning the process of applying for permanent residency due to their background, history in the U.S, or the means by which they entered the country. However, through this new program proposed by President Biden, the intimidation and threat of deportation would be alleviated.
Although applications are not currently being accepted, it is advisable to now consult with a knowledgeable and experienced attorney who specializes in immigration law. And if you believe you are eligible, then the next step is to begin preparing required documents, such as the following:
- Marriage certificate and proof of termination of prior marriages to establish a legally valid marriage to a U.S. citizen as of June 17, 2024.
- Identification, such as a Driver’s License and passport.
- Proof of the U.S. citizen spouse’s citizenship (U.S. passport, birth certificate or Certificate of Naturalization).
- Documentation to establish continued presence in the United States for at least 10 years, as of June 17, 2024. Examples include pay stubs, rent receipts or utility bills, school records, tax returns, etc.
It is understandable to be excited about this program, but it is important to be aware of scams. Sadly, there are people who will use this as an opportunity to take advantage of hopeful families. One of the best ways to avoid scams is to only use the services of a reputable immigration attorney.
This new program may set the precedent for a more merciful, compassionate, and understanding immigration journey moving forward – particularly for those who are married to U.S. citizens. This will allow for many noncitizen spouses to obtain the stability they have dreamed of. It will also make a very stressful process more seamless and less anxious for families who are struggling to remain unified. Overall, the implementation of this program provides hope and security for migrant families across the United States.
