Parole in Place for those Married to a US Citizen

Starting August 19, 2024 there is a big change coming for the immigration world. It is the opportunity to allow undocumented individuals who are married to US Citizens to remain in the United States and obtain their green card. First of all though, who is eligible?

USCIS notes that "To be considered for a discretionary grant of parole, on a case-by-case basis, under this process, you must:   

• Be present in the United States without admission or parole;

• Have been continuously present in the United States for at least 10 years as of June 17, 2024;

• Have a legally valid marriage to a U.S. citizen as of June 17, 2024;

• Not have any disqualifying criminal history or otherwise constitute a threat to national security or public safety; and

• Otherwise merit a favorable exercise of discretion."

Let's review these points. First, being present in the US without admission or parole, means that you entered the US without a visa, and without permission. Another thing we call this is Entry Without Inspection, or being in the US undocumented. Second, you had to enter the US prior to June 17, 2014 and have been here ever since. There you must be legally and validly married to a US citizen. Third you cannot have anything that disqualifies you, such as criminal history. We would also want to look at disqualifying immigration history, like deportations or prior entries. Finally, you must merit the favorable exercise of discretion, in other words why should the government grant you this relief? Maybe you have a family, or employment, or have strong community ties. All of these are important. Remember, this relief is discretionary.

Why is Parole in Place so important? Because, if granted, your US citizen spouse can file an I-130 petition for you, and you can file an I-485 application. This effectively means that you can get your green card without leaving the US. Further, while your case is pending, you will be able to apply for a work permit and obtain a US social security card. This is huge news for many people who have US citizen spouses.

What are the next steps? USCIS has stated that they will begin accepting applications on August 19, 2024. My suggestion is to not delay. Since this is an executive action, much like DACA before, it could end or have restrictions at any time. I would recommend getting your application in ASAP (as soon as possible). It is important to start working with an attorney right away. As an attorney who has been practicing family based immigration for a long time, I am particularly suited to assist you. I understand an know what types of evidence USCIS will want to see to prove your case. I would be happy to help you achieve your goal of obtaining a green card.

In conclusion, now is the time to act. Do not wait. Contact me today, to get the process started and start moving forward. I am more than happy to have a consult to discuss and determine your eligibility. Contact me today.