Parole-in-Place for Spouses of U.S. Citizens FAQ

• On June 17, 2024, President Biden announced a new process making it easier for certain spouses and stepchildren of U.S. citizens to obtain permanent residency (green cards).
• The new process will allow certain spouses and stepchildren of U.S. citizens to apply for authorization to apply for their green cards within the U.S. through an existing process called “parole-in-place.”
• Parole is essentially the government authorizing an individual’s presence in the U.S.
• The parole will be granted for a three-year period and allows the individual to obtain a work permit, or employment authorization.
• Once granted “parole-in-place” or simply “parole,” the spouse or stepchild would be eligible to apply for their green card through a petition from their U.S. citizen spouse or stepparent.

To qualify for this new process, an individual must:

1. Be present in the U.S. without admission or parole;
2. Be the spouse or stepchild of a U.S. citizen;
3. Have a legally valid marriage to a U.S. citizen on or before June 17, 2024;
4. Have been continuously present in the U.S. since June 17, 2014;
5. Have no disqualifying criminal history;
6. Demonstrate they merit a favorable exercise of discretion — taking into consideration prior immigration history, criminal history, and background checks.

Yes! Your child will be eligible to apply for this new process if:

1. A legally valid marriage existed between the child’s parent and a U.S. citizen on or before June 17, 2024;
2. At the time of the marriage the child was under the age of 18;
3. The child meets all the other eligibility requirements outlined above.

We do not yet have an exact date, but USCIS should begin processing these applications by the end of the summer. You cannot apply before that time. USCIS will reject any filings or requests received before the date when the application period begins later this summer.

USCIS has confirmed there will be a filing fee for this process but has not yet announced what that fee will be. The fee is expected to be at least $520 but this has not yet been confirmed.

Yes! This new process was created for you, to provide you the ability to get your green card without having to depart the U.S. The choice is yours to decide if you would rather do this process or continue with the process of leaving the U.S. and applying through a U.S. consulate. Depending on where you are in the process of obtaining an interview at the designated U.S. consulate abroad, you should consult with an experienced immigration lawyer to determine what is best for you.

Yes! In most circumstances it is better to pursue your green card through this new parole-in-place process than to apply for the I-601A provisional unlawful presence waiver. Things to consider:

1. The I-601A processing times are more than 3.5 years.
2. The I-601A process doesn’t provide a work permit, or employment authorization.
3. The I-601A process will require you to depart the U.S., risking family separation.

We do not yet know the answer to this question but will update this as more information becomes available.

That depends. Certain criminal history can disqualify an individual for this process. The application process will require you to run your fingerprints and a background check with immigration. The government has said:

1. Noncitizens who pose a threat to national security or public safety will not be eligible for this process, as aligned with our immigration enforcement priorities.
2. If a noncitizen poses a threat to national security or public safety, DHS will detain, remove, or refer them to other federal agencies for further vetting, investigation, or prosecution as appropriate.

Depending on your criminal history you will want to consult with an experienced immigration attorney before submitting your application.

That depends. If based on your immigration or criminal history, the government determines that you are a priority for removal, it is likely your application will be denied, and you could be referred to ICE for potential removal from the U.S.

That is why if you have any criminal history, it is very important to consult with an experienced immigration lawyer before applying.

If a future administration takes action to rescind and cancel the program, it is unclear how quickly the program could end. However, individuals who were granted parole would still be eligible to continue with the process of applying for their green cards from within the U.S.