Parole-in-Place for Undocumented Spouses and Stepchildren

On June 17, 2024, the Biden Administration announced a new program that will benefit many undocumented spouses and stepchildren of U.S. Citizens who have lived in the U.S at least 10 years.

The program is not yet open and applications cannot yet be filed.

Many of the details are still to be announced. Here’s what we know as of June 24, 2024:

  • Some undocumented spouses and young (under age 21) stepchildren of U.S. Citizens will be able to apply for green cards while remaining in the U.S.

  • Not yet. The application process is not open for filing as of June 2024. The Biden Administration has indicated that they hope to open the process by the end of the summer. However, now is good time to prepare by gathering documents and evidence.

  • We do not yet know the details of the application process for this new program. However, we expect it to be a two-step process. First, the spouse and/or stepchild will apply for parole-in-place. After parole-in-place is approved, they will be able to apply for green cards and work cards in the U.S.

  • We do not yet know what the USCIS filing fees will be.

  • To qualify, the marriage must have taken place before June 17, 2024, and still exist during the application process.

  • The applicant must have been in the U.S. for at least 10 years as of June 17, 2024.

    Applicants must be able to document their presence in the U.S. This could include school records, tax returns, paychecks, bank account statements. Start gathering documents now.

  • For purposes of the new parole-in-place program, only people who entered the U.S. without inspection or parole are considered "undocumented.” This does not include people who once has status that has new expired, such as people who entered on a tourist visa and overstayed. These people are already eligible to apply for green cards in the U.S. if they are married to U.S. Citizens.

  • For purposes of the new parole-in-place program, stepchildren must under age 21 as of June 17, 2024, and be the legal child of an undocumented parent who is married to a U.S. Citizen. Other details are still to be announced.

  • Yes, people in removal proceedings can apply for parole-in-place. However, if you have a removal order against you, but you did not leave the U.S., you may not be eligible and should consult a qualified attorney.

  • A criminal record could impact your eligibility. Potential applicants with a criminal record should consult with a qualified attorney who can assess their situation.