Biden Parole in Place Explained
The Biden Parole in Place program, also known as “Keeping Families Together,” expands the existing parole in place program that offered parole to undocumented family members of active U.S. military personnel and U.S. veterans.
This program won’t help all undocumented immigrants, but it may transform the lives of over a half-million undocumented family members of U.S. citizens.
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What is Parole in Place?
The spouses of U.S. citizens normally qualify for family-based immigrant visas as an immediate relative (IR) of a citizen.
Eligible stepchildren of U.S. citizens are also considered immediate relatives for immigration purposes.
The IR visa category is uncapped, so immigration officials can approve an unlimited number of IR immigrant visas each year.
The reality is that some spouses of U.S. citizens originally enter the U.S. “without inspection” while seeking a safer life for themselves or their children.
Crossing the border without using a port of entry counts as unlawful entry and makes it extremely difficult to apply for a green card in the future.
Immigration law is exceptionally complicated, and many are unaware of the technicalities of the process.
Parole in place is a type of humanitarian parole giving certain undocumented immigrants the temporary right to remain in the United States after unlawful entry. Its purpose it to help keep families of U.S. citizens stay together while applying for immigration benefits.
Previously, the parole in place program benefited family members of U.S. citizens who had served in the U.S. military.
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Purpose of Biden Parole in Place Expansion
Without the option to parole in place, most undocumented family members in the United States needed to apply for their green cards through consular processing abroad.
In most cases, their previous unlawful presence in the United States would trigger a bar to re-entry of up to ten years.
In practice, the risk presented by immigration bars further encouraged remaining undocumented.
While spouses of U.S. citizens are eligible to apply for a waiver that would allow them to seek an immigrant visa despite unlawful entry and unlawful presence, historically, they were still required to leave the country to apply through consular processing.
For many spouses of U.S. citizens, the only possible path towards legal residency required them to leave their families and jobs behind for an uncertain amount of time with an uncertain outcome – a risk many felt was just too great.
Benefits of the Biden Parole in Place Expansion
The Biden parole in place expansion through the Department of Homeland Security (DHS) allows as many as 550,000 people who are either spouses or stepchildren of U.S. citizens to receive temporary immigration protections in the United States. The program will also remove the roadblocks that stand in between them and lawful permanent resident status.
With this new program, undocumented family members of U.S. citizens gain the following benefits:
- The ability to apply for a green card without risking years of separation from their families
- Protection from deportation
- Eligibility for an Employment Authorization Document (work permit)
Who Qualifies for Biden Parole in Place?
Parole in place can’t help all undocumented family members, but it will help hundreds of thousands. To be eligible for parole in place as part of the program expansion, you will still need to be otherwise admissible. Immigration officials will look at your criminal history and make sure you aren’t a danger to national security as they do with all visa applications.
The Biden parole in place may be an option for you if you meet all the following minimum requirements:
- You entered the U.S. without permission.
- You were married to a U.S. citizen as of June 17, 2024.
- You have lived in the United States for 10 years or more as of June 17, 2024.
The parole in place expansion also opens the door to many of the undocumented stepchildren of U.S. citizens, as it did with the military parole in place program.
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FAQs About the Biden Parole in Place Expansion
How to Get Help with Parole in Place
If you are the undocumented spouse of a U.S. citizen considering applying for temporary immigration benefits through the Keeping Families Together parole in place program, you will need an attorney who can protect you. Jorge Muñoz is the founder and managing attorney of Jorge Munoz Law Firm LLC. Muñoz is an immigrant himself who obtained his green card through an EB-2 visa with a National Interest Waiver.
As an experienced immigration attorney, Muñoz focuses on immigration law and helping families stay together. He will examine your specific circumstances and guide you through your parole in place application. For comprehensive advice, contact Jorge Munoz Law Firm today.
