Parole-In-Place for Spouses and Children of USC’s

If you are reading this you are porbably already aware of this new program that is not yet implemented but is in the making.

This Parole-In-Place is similar to what is already available to members of the military.

First: The Applicant must show that s/he has resided in the United States for a minimum of 10 years prior to June 17, 2024.

Second: The Applicant must be married to a United States citizen and the marriage had to have taken place prior to June 17, 2024.

Third: The Applicant must have no criminal convictions that will make him or her inaddmissibile.

It is not clear whether a person charged with marriage fraud and remarried will qualify.

It is not clear whether a person with an outstanding removal order will qualify. However, ibased on basic jurisprudence a person with an outstanding removal order will need to reopen their case and have the removal order dropped and the case dismissed before qualifying.

The program will also provide the same benefits to the children on the immigrant spouse.

Mulder Law is monitoring this program. For those interested in representation and working with Mulder Law call tet or email us.

Below is the most recent statement from the USCIS on this program:

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.