Biden Administration’s New Parole in Place Program: What You Need to Know
On June 18, the Biden Administration introduced a new initiative, expanding the existing parole program, allowing certain spouses of U.S. citizens to apply for “parole-in-place” from the Department of Homeland Security (DHS). The program aims to provide temporary protections and work permits to people who entered the U.S. unlawfully (i.e. without a visa/inspection), enabling them to potentially apply for lawful permanent resident (LPR) status (green cards) through their spouses without facing prolonged family separations as with prior methods (example: 601A waiver).
Addressing Existing Challenges Under current U.S. laws and policies, U.S. citizens can petition for their non-citizen spouses to obtain permanent residency. However, the process has been fraught with difficulties and risks for many undocumented immigrants, preventing them from obtaining the legal status they otherwise qualify for. The new parole program addresses these hurdles, offering a more accessible pathway to permanent residency for eligible individuals.
The Issue: Barriers for Spouses of U.S. Citizens Spouses of U.S. citizens generally qualify for an immigrant visa as “immediate relatives,” allowing them to become legal permanent residents and eventually apply for U.S. citizenship. However, those who entered the U.S. without inspection, such as crossing the border without prior approval, face significant challenges. The complex and risky process often deters many from obtaining green cards, leaving approximately 1.2 million spouses of U.S. citizens without formal immigration status. Federal law permits some immigrants who entered the U.S. through official ports of entry or were paroled into the country to adjust their status to permanent residency without leaving the U.S. In contrast, immigrants who entered without inspection must leave the country, triggering potential bars on reentry that can last up to ten years due to unlawful presence. While waivers are available, the lengthy and uncertain process adds to the difficulty, often taking over years to adjudicate.
The Solution: Parole-in-Place The U.S. government can grant “humanitarian parole” to individuals lacking lawful entry when there are urgent humanitarian reasons or significant public benefits. Parole-in-place is a specific type of humanitarian parole granted to individuals already in the U.S., allowing them to remain temporarily. Beneficiaries can apply for work authorization and are considered “inspected and paroled,” making them eligible to adjust their status to permanent residency without leaving the U.S. Even if a grant of parole expires or is revoked, beneficiaries should still be considered to have been paroled into the U.S., preserving their eligibility to apply for green cards. This protection ensures that those who benefit from the new program can continue their path to permanent residency even if the program is later changed or halted.
Who Will Benefit? The new program, expected to open for applications later this summer, is aimed at specific groups:
- Individuals who have continuously resided in the U.S. since June 17, 2014.
- Those who were physically present in the U.S. on June 17, 2024.
- Those legally married to a U.S. citizen as of June 17, 2024.
- Individuals who entered the U.S. without inspection and currently hold no lawful status.
- Those without disqualifying criminal convictions.
- Individuals who do not pose a national security or public safety threat.
- Applicants who merit a favorable exercise of discretion.
Applicants will need to submit documentation proving they meet these criteria and pay an application fee, although the exact documentation and fee details are not yet available. Impact on Families The White House estimates that approximately 500,000 spouses of U.S. citizens will meet these criteria and will thus be eligible to apply for the new parole program. Additionally, children of applicants who are stepchildren of U.S. citizens will also be eligible for parole with their parents, adding 50,000 more potential beneficiaries. If you believe you or your family members may qualify for this new program, contact our law firm for assistance. Our experienced immigration team can help you navigate the application process and protect your rights. Reach out to us today to start your journey towards securing your family’s future.
FAQ
1) Who may qualify for the “Keeping Families Together” parole-in-place process?
The process was designed for certain noncitizen spouses (and some stepchildren) of U.S. citizens who are in the U.S. without being admitted or paroled, meet specific residence/presence and relationship cutoffs, and do not have disqualifying factors such as certain criminal history or public-safety concerns.
2) What does parole in place change for someone who entered without inspection?
A grant of parole in place generally treats the person as having been “paroled” for immigration purposes. That can matter because many immigration pathways (including certain adjustment-of-status routes) depend on whether the person was admitted or paroled.
3) What is the application process and what form is used?
For the Keeping Families Together process, USCIS indicated requests are filed online using Form I-131F (with a fee), and applicants typically submit identity, relationship, and residence evidence along with background/security checks as part of case review.
4) How long does parole in place last, and can someone work while on parole?
Parole is generally temporary. If parole is granted, people often seek work authorization by applying for an employment authorization document (EAD) if eligible. The duration and renewal possibilities can depend on the specific parole grant and current DHS/USCIS policy.
5) Are there risks or uncertainty with this program right now?
Yes. The Keeping Families Together parole-in-place process has been challenged in court, and litigation-related orders have affected whether and how USCIS can approve cases. Program availability and processing posture can change, so applicants typically need to confirm the current status before relying on a timeline.
