H1B Visa Lawyer Blog
On June 18th, President Biden announced that the Department of Homeland Security will take action to ensure that U.S. citizens with noncitizen spouses and children can keep their families together, using Parole in Place. This process, the details of which will not be announced until later this summer, will allow certain noncitizen spouses of U.S. citizens and their children to apply for lawful permanent residence. Many are already eligible to apply for lawful permanent residence but would have to leave the United States in order to do so. Using Parole in Place, they would not have to return to their country of origin.
Eligibility and Process for Parole in Place
Each applicant will be considered on a case-by-case discretionary basis:
- They must be present in the United States without admission or parole;
- They must have been continuously present in the United States for at least 10 years as of June 17, 2024;
- They must have a legally valid marriage to a U.S. citizen as of June 17, 2024;
- They must not have any disqualifying criminal history;
- They must not constitute a threat to national security or public safety; and
- They must pass normal background checks!
Source of Authority for Parole in Place: USCIS may grant parole in place on a case-by-case basis for urgent humanitarian reasons or significant public benefit under section 212(d)(5)(A) of the INA.
For more information, please review the Whitehouse Factsheet, “FACT SHEET: President Biden Announces New Actions to Keep Families Together“ and the sources below!
- AILA (AILA.org), 6/24/24, Featured Issue (AILA Doc. # 24061831): Featured Issue: Executive Actions to Promote Family Unity and Help Dreamers
- CNN (cnn.com), 6/18/24, News Article: Biden announces new executive action protecting some undocumented immigrant spouses and children of US citizens
Remember, this new program is NOT accepting applications now; details will be announced later this summer! Please DO NOT pay anyone a fee at this time; the wrong help can hurt!
If you would like to leave your name, phone number and email address our law firm will contact you when more information is available!
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