On June 18, 2024, the Department of Homeland Security (DHS) announced a key step toward fulfilling President Biden’s commitment to promoting family unity in the immigration system. DHS will establish a new process to consider, on a case-by-case basis, requests for certain noncitizen spouses of U.S. citizens who have been continuously physically present without admission or parole in the United States for 10 years or more; have no disqualifying criminal convictions; do not pose a threat to national security and public safety and pass vetting; are otherwise eligible to apply for adjustment of status; and merit a favorable exercise of discretion.
If paroled, these noncitizens will generally be able to apply for lawful permanent residence without having to leave the United States and be processed by a U.S. consulate overseas. DHS estimates that 500,000 noncitizen spouses of U.S. citizens could be eligible to access this process; on average, these noncitizens have resided in the United States for 23 years. Approximately 50,000 noncitizen children of these spouses are estimated to be eligible to seek parole under this process.
Additional information on the application process, required fee, and other key information will be detailed in a forthcoming Federal Register Notice. USCIS will reject any filing received prior to the publication of the Federal Register Notice.
Eligibility and Process
To be considered on a case-by-case basis for a discretionary grant of parole in place under this process, an individual 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; and
- Have a legally valid marriage to a U.S. citizen as of June 17, 2024.
In addition, individuals must not have disqualifying criminal history or otherwise constitute a threat to national security or public safety and should otherwise merit a favorable exercise of discretion.
Noncitizen children of spouses who are granted parole under this process may also be considered for parole on a case-by-case basis under this process if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship with a U.S. citizen parent as defined by the Immigration and Nationality Act as of June 17, 2024.
In order to be considered for parole, an individual will need to file a form with USCIS along with supporting documentation to show they meet the requirements and pay a fee. Further information regarding eligibility and the application process, including a notice in the Federal Register, will be published in the near term. USCIS will reject any filings or individual requests in relation to this process received before the date when the application process begins later this summer.
Upon receipt of a properly filed parole in place request, USCIS will determine on a case-by-case basis whether a grant of parole is warranted based on a significant public benefit or urgent humanitarian reasons and whether the applicant merits a favorable exercise of discretion. All requests will take into consideration the potential requestor’s previous immigration history, criminal history, the results of background checks and national security and public safety vetting, and any other relevant information available to or requested by USCIS.
Additional information on the application process, required fee, and other key information will be detailed in a forthcoming Federal Register Notice. USCIS will reject any filing received prior to the publication of the Federal Register Notice.
When will the process start?
USCIS will soon publish a Federal Register Notice to implement this process, explain the application process, and provide additional guidance on requirements to be considered for parole in place. This notice will explain what forms to file, the associated filing fees, any required documentation, and supporting evidence that will be needed to request parole in place. The application process is expected to begin later this summer.
What happens if I apply to USCIS prior to the start date of the process?
USCIS will reject any filings received before the date when the application process begins. This includes applications filed through our paper and electronic filing processes as well as requests submitted in person at our offices.
What will be the duration of parole? What happens when it ends?
Under this process, a qualifying individual may be granted parole on a case-by-case basis for up to three years. This period provides an opportunity for eligible spouses of U.S. citizens granted parole to file a Form I-485, Application to Register Permanent Residence or Adjust Status (and concurrent Form I-130, Petition for Alien Relative, if applicable). At the conclusion of the parole period, USCIS anticipates that these individuals will have either a pending adjustment application or final adjustment adjudication completed.
What can I do now to prepare my application before the process begins?
Individuals should wait for additional information to be issued, including the date on which the process begins, when applications will be accepted, and what forms to use to apply for parole. Until then, individuals may consider preparing by gathering evidence, including:
- Documentation to establish that the noncitizen has been continuously present in the United States for at least 10 years as of June 17, 2024;
- Evidence of a legally valid marriage to a U.S. citizen as of June 17, 2024; and
- Evidence of additional favorable discretionary factors that the applicant would like USCIS to consider.
Will I need to submit my biometrics?
Applicants must submit certain biographic and biometric information to USCIS for screening and vetting purposes. More information about the biometrics collection process will be provided in the forthcoming Federal Register Notice and other guidance to follow.
Will the parole application be available for filing online, on paper, or both?
Further filing instructions will be available in the near term.
What is the fee for applying for parole under the process?
Information regarding the form to use and associated filing fees will be detailed in the forthcoming Federal Register Notice.
Can the fee be waived?
USCIS will provide future guidance about the application process, including filing fees, for individuals seeking parole under this process.
Questions related to potential beneficiaries
I was lawfully admitted to the United States on a nonimmigrant visa but overstayed my period of authorized stay. Am I eligible for parole in place under the process?
No. By law, parole is only available to noncitizens who are “applicants for admission” under Section 235(a) of the INA, 8 U.S.C. § 1225(a). Therefore, parole in place under this process may be granted only to certain individuals who are present in the United States without admission. This process is not available to those who were previously lawfully admitted to the United States. However, an individual may be eligible to apply for adjustment of status to that of lawful permanent resident (LPR) without parole in place if previously lawfully admitted and applying as an immediate relative of a U.S. citizen.
If I am in removal proceedings that are pending before an immigration judge, am I eligible for this process? Who will decide my parole application?
Noncitizens in removal proceedings may apply for parole in place under this process before USCIS if they otherwise qualify under this process. USCIS will weigh, on a case-by-case basis, the existence and circumstances of the removal proceedings, as well as the applicant’s positive equities, in determining whether to grant parole in place. However, a noncitizen who is in removal proceedings because they are an enforcement priority under the Guidelines for the Enforcement of Civil Immigration Law, issued by Secretary Mayorkas in September 2021, will be disqualified from receiving parole in place pursuant to this process.
If USCIS denies my application for parole, will I be placed in removal proceedings?
If USCIS denies a request for parole, USCIS maintains discretion to issue a Notice to Appear (NTA) or refer the case to ICE for possible enforcement action consistent with the Guidelines for the Enforcement of Civil Immigration Law issued by Secretary Mayorkas on September 30, 2021.
If I have criminal history, can I apply for parole under this process?
All applicants will undergo national security and public safety vetting as part of this process. Those who pose a threat to national security or public safety will be disqualified from this process and, where appropriate, may be referred for law enforcement action. Noncitizens who pose a threat to national security or public safety will not be eligible for this process, as aligned with our immigration enforcement priorities. If a noncitizen poses a threat to national security or public safety, DHS will detain, remove, or refer them to other federal agencies for further vetting, investigation, or prosecution as appropriate.
Disqualifying criminal history includes criminal convictions that are likely to render the individual statutorily ineligible for adjustment of status, as well as convictions that do not render noncitizens statutorily ineligible for adjustment of status but nevertheless warrant their disqualification from this process in the exercise of discretion. Further guidance on this topic is forthcoming.
Can the undocumented child of a noncitizen spouse covered by this policy also be considered for a grant of parole in place under the process?
Noncitizen children of potential requestors may be considered for parole in place under this process along with their noncitizen parent, if the child is physically present in the United States without admission or parole as of June 17, 2024 and has a qualifying stepchild relationship to a U.S. citizen as of that date. To qualify as a stepchild under the Immigration and Nationality Act, the noncitizen child must be unmarried, under the age of 21, and the marriage of their noncitizen parent and U.S. citizen stepparent must have taken place prior to the child’s 18th birthday. Further guidance on this topic is forthcoming.
Employment Authorization
If I am approved for parole, when can I apply for an employment authorization document (EAD)? Can I apply for an EAD at the same time as when I apply for parole?
An individual who is granted parole is immediately eligible to apply for an EAD from USCIS and can do so by submitting a completed Form I-765, Application for Employment Authorization, using the (c)(11) category code. Further information about the process to apply for an EAD will be included in the forthcoming Federal Register Notice.
How long will it take to receive a decision on my employment authorization application? Application processing times vary. USCIS has several tools that individuals can use to request information about their applications submitted to the agency, including the Case Status Online tool.
