Q#1: On June 18th, President Biden announced a series of Immigration Actions using the authority granted to him under the existing immigration laws. These actions should benefit people that are inside of the United States without status who are married to US Citizens, as well as stepchildren of these US Citizens. Can you tell me more about these requirements?
A#1: President Biden announced he will allow spouses and stepchildren of US Citizens that have been living inside the United States for at least 10 years to benefit from a program called Parole in Place. This Parole in Place authority is currently used only by spouses and parents of Military members but is now being expanded to allow spouses and stepchildren of US Citizens to benefit.
Q#2: Are there other requirements that the spouses of US Citizens have to meet?
A#2: Yes. In order to be eligible for Parole in Place, as of June 17, 2024, you had to be:
- Inside the United States after having entered illegally,
- Have lived inside the United States for at least 10 years without departing,
- Are legally married to a US citizen or are the stepchild of a US citizen, and
- Do not have serious criminal issues or pose a threat to national security.
Q#3: If I meet all of these requirements and apply for Parole in Place, what benefit do I receive?
A#3: Parole in Place would be granted for a 3-year period, you are eligible to apply for a Work Permit (EAD) valid for 3 years, and you are eligible to apply for your Green Card during the validity period of the Parole in Place.
Q#4: Does Parole in Place require me to leave the United States to receive my Green Card?
A#4: No. You can apply for your Green Card inside the United States at the local USCIS Field Office and are no longer required to return to your home country to be granted Permanent Resident Status.
Q#5: When can I apply for Parole in Place?
A#5: Although the program was announced on June 18th, the Immigration Service is still in the process of determining the specific requirements, evidence, forms and fees that will need to be submitted. Therefore, although we can start preparing the documentation right now, we are currently unable to file anything with the immigration service. However, we should be able to file before the end of the summer.
Q#6: Is this a permanent program?
A#6: Because this program is not part of a law passed by Congress, it could be challenged in the courts. However, the Military Parole in Place authority has existed for many years, though it has never been challenged. As long as Biden continues to be in office, he will fight for its existence, but it could be cancelled immediately if another President comes to power in November.
Q#7: What if I am married to a US Citizen but have either outstanding immigration or criminal issues, should I apply for Parole in Place?
A#7: You should consult with a competent immigration attorney to discuss the facts of your case in order to determine the best approach for taking advantage of this new Parole in Place program for persons with US Citizen spouses.
Eamonn P.S. Roach practices Immigration Law at the law firm of Roach & Bishop, LLP in Pasco, Washington. This information does not constitute legal advice. It is possible that this information does not apply to you. Each case depends on specific facts. If you have questions regarding the immigration laws that you would like answered in this column, please send them to: Eamonn P.S. Roach, 9221 Sandifur Pkwy, Suite C., Pasco, WA 99301, phone: (509) 547-7587, fax: (509) 547-7745; or email eroach@roachlaw.com .
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