The Department of Homeland Security (DHS) recently announced significant actions to promote family unity in the U.S. immigration process. Noncitizens who may have entered the United States without a valid visa or parole may soon be eligible to apply for lawful permanent residence within the U.S. based upon their marriage to a U.S. citizen. This would avoid the longstanding requirement for such individuals to leave the U.S. and undergo processing abroad before returning as lawful permanent residents.
Background of the New DHS Immigration Policy
To address this challenge, DHS has established a new process that considers, on a case-by-case basis, requests for parole-in-place from certain noncitizen spouses of U.S. citizens. This process is specifically for those who have:
- Lived in the United States for 10 years or more
- Do not pose a threat to public safety or national security
- Are otherwise eligible to apply for adjustment of status
- Merit a favorable exercise of discretion
If eligible, these noncitizens can apply for lawful permanent residence without needing to leave the United States.
Eligibility Criteria for Noncitizen Spouses
To be considered for this new process on a case-by-case basis, an individual must meet the following criteria:
- 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.
Additionally, individuals must not have any disqualifying criminal history, must not pose a threat to national security or public safety, and must merit a favorable exercise of discretion.
Consideration for Noncitizen Children Under the New DHS Immigration Policy
Noncitizen children of potential requestors may also be considered for parole under this process. The criteria for these children include being physically present in the United States without admission or parole and having a qualifying stepchild relationship to a U.S. citizen as of June 17, 2024.
Step-by-Step Guide to the Application Process
When USCIS receives a properly filed parole-in-place request, they will decide on a case-by-case basis if a grant of parole is warranted. They will also determine if the applicant merits a favorable exercise of discretion. Further information about the application process will be available later. Requests cannot be made at this time.
Impact on Families and Communities
This new policy is expected to have a significant positive impact on families and communities by reducing the separation of families during the immigration process and providing a pathway to lawful permanent residence for more individuals.
Frequently Asked Questions About the New DHS Immigration Policy
Q: Who is eligible for this new process?
A: Noncitizen spouses of U.S. citizens who have been in the U.S. for at least 10 years, among other criteria.
Q: What are the specific criteria to be considered?
A: Presence without admission or parole, continuous presence for 10 years, and a valid marriage to a U.S. citizen by June 17, 2024.
Q: Can children of noncitizens also benefit from this policy?
A: Yes, noncitizen children who meet specific criteria may also be considered for parole.
Contact Us for Expert Immigration Advice
If you have any questions about these new changes and how they might affect your situation, please contact Quan Law Group by clicking the button below to schedule a consultation with our experienced immigration attorneys.
By Lauren M. Rouhana, Senior Attorney, Quan Law Group