On June 18, the Department of Homeland Security (DHS) announced actions to promote family unity in the immigration process. USCIS is currently establishing a process to consider, on a case-by-case basis, requests for parole in place from certain noncitizen spouses and children of U.S. citizens who have been in the U.S. for at least a decade. If parole is granted, noncitizens who are eligible to apply for lawful permanent residence based on their marriage to a U.S. citizen will be able to do so without having to leave the United States.
USCIS is not currently accepting applications under this process. Applications will be available and accepted for filing starting Aug. 19, 2024. More information about eligibility and the application process will be published in a forthcoming Federal Register notice.
Eligibility
To be considered for a discretionary grant of parole, on a case-by-case basis, under this process, you must:
- Be present in the United States without admission or parole;
- Have been continuously present in the United States 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;
- Not have any disqualifying criminal history or otherwise constitute a threat to national security or public safety; and
- Otherwise merit a favorable exercise of discretion.
You must meet all the criteria above to qualify.
USCIS will also consider certain noncitizen children of requestors under this process if, as of June 17, 2024, they were physically present in the United States without admission or parole, and have a qualifying stepchild relationship to a U.S. citizen, which means that the children were under the age of 18 when the marriage took place between the applicant and the U.S. citizen spouse.
Timelines
USCIS will publish a Federal Register notice that will further explain eligibility and the application process, including the form to use, and the associated filing fees. If you apply before the implementation date in the Federal Register notice, USCIS will reject your application.
What You Can Do Now
Although USCIS is not currently accepting applications, you can begin to prepare to file a parole application by gathering evidence of your eligibility, such as:
- Evidence of a legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate;
- Documentation of proof of identity, including expired documents may include: Valid state or country driver’s license or identification; Birth certificate with photo identification; Valid passport; or Any government issued document bearing the requestor’s name, date of birth, and photo.
- Evidence of your spouse’s U.S. citizenship, such as a passport, birth certificate or Certificate of Naturalization; (a driver’s license is not proof of U.S. citizenship)
- Documentation to establish your continued presence in the United States for at least 10 years, as of June 17, 2024. Examples of documentation could include copies of:
- Rent receipts or utility bills;
- School records (letters, report cards, etc.);
- Hospital or medical records;
- Attestations to your residence by religious entities, unions, or other organizations, identifying you by name;
- Official records from a religious entity confirming participation in a religious ceremony;
- Money order receipts for money sent into or out of the United States;
- Birth certificates of children born in the United States;
- Dated bank transactions;
- Automobile license receipts, title, or registration;
- Deeds, mortgages, or rental agreement contracts;
- Insurance policies; or
- Tax returns or tax receipts.
For noncitizen children of requestors, evidence of eligibility could include:
- Evidence of the child’s relationship to the noncitizen parent, such as a birth certificate or adoption decree;
- Evidence of the noncitizen parent’s legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate; and
- Evidence of the child’s presence in the United States as of June 17, 2024.
Beware of Scams
- Promising guaranteed outcomes or money-back guarantees;
- Using predatory or threatening pricing structures;
- Asking you to sign a blank paper or not allowing you to review a paper you have signed; and
- Asking to keep your signature on file.