At Jorge Muñoz Law Firm, we are committed to providing up-to-date and relevant information to our clients. Recently, the Department of Homeland Security (DHS) announced significant actions to promote family unity in the immigration process, aligning with the Biden-Harris administration’s commitment to keeping families together.
On June 18, the DHS established a process to consider, on a case-by-case basis, requests for parole in place for certain non-citizen spouses of U.S. citizens who have been in the U.S. for at least a decade. This parole will allow eligible non-citizens to apply for legal permanent residency based on their marriage to a U.S. citizen without having to leave the country.
Application Process and Eligibility
The United States Citizenship and Immigration Services (USCIS) will begin accepting applications under this process starting August 19. It is crucial not to submit applications before this date, as they will be rejected.
To be considered for a discretionary grant of parole under this process, you must meet the following eligibility criteria:
- Be present in the United States without admission or parole.
- Have been continuously present in the U.S. for at least 10 years as of June 17, 2024.
- Have a legally valid marriage to a U.S. citizen as of June 17, 2024.
- Have no disqualifying criminal history or pose a threat to national security or public safety.
- Merit, at the discretion of the authorities, a favorable exercise of discretion.
Additionally, in certain cases, the non-citizen children of applicants may also be considered if they were physically present in the U.S. without admission or parole and have a qualifying stepchild relationship with a U.S. citizen.
Preparing for the Application
Although applications are not currently being accepted, you can begin preparing your application by gathering evidence of your eligibility, such as:
- Evidence of a legally valid marriage to a U.S. citizen, such as a marriage certificate.
- Documentation of proof of identity, including:
- Valid state or country driver’s license or identification.
- Birth certificate with photo identification.
- Valid passport.
- Evidence of your spouse’s U.S. citizenship, such as a passport, birth certificate, or Certificate of Naturalization.
- Documentation to establish your continuous presence in the U.S. for at least 10 years, such as:
- Rent receipts or utility bills.
- School records.
- Hospital or medical records.
- Attestations of residence by religious entities, unions, or other organizations.
- Official records from a religious entity confirming participation in a religious ceremony.
- Money order receipts for money sent into or out of the U.S.
- Birth certificates of children born in the U.S.
- Dated bank transactions.
- Automobile license receipts, titles, or registrations.
- Deeds, mortgages, or rental agreements.
- Insurance policies.
- Tax returns or tax receipts.
For the non-citizen children of applicants, evidence of eligibility could include:
- Evidence of the child’s relationship to the non-citizen parent, such as a birth certificate or adoption decree.
- Evidence of the non-citizen parent’s legally valid marriage to a U.S. citizen, such as a marriage certificate.
- Evidence of the child’s presence in the U.S. as of June 17, 2024.
Preventing Scams
It is important to be aware of immigration scams. Remember, you cannot apply for this process yet. If someone offers their services to submit an application before the Federal Register notice is published or the process opens, visit our Report Immigration Scams page. Only an attorney licensed to practice law in the U.S. or an accredited representative working for a Department of Justice-recognized organization can provide you with legal advice.
At Jorge Muñoz Law Firm, we are here to help. If you have questions about this new process or need legal assistance, do not hesitate to contact us. We are dedicated to protecting the integrity of the immigration system and providing reliable and ethical legal services.