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New Process to Promote the Unity and Stability of Families

Post Source: USCIS

July 17, 2024

On June 18, 2024, the Department of Homeland Security (DHS) announced actions to promote family unity in the immigration process.

DHS is establishing a process to consider on a case-by-case basis requests for parole in place (PIP) from certain noncitizen spouses 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. USCIS will begin accepting applications on Aug 19, 2024. If you apply before Aug. 19, USCIS will reject your application.

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, meaning illegally;
  • 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.

There is more information about these eligibility criteria forthcoming.

USCIS may 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.

Timeline

You cannot apply for this process yet. 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;
  • Documentation to establish your continued presence in the United States for at least 10 years as of June 17, 2024. While more information will be made available, 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.

If you think you could be eligible for the process, please contact LL Law Firm at info@lllawfirm.net or give us a call at (916) 619-2349 so we can prepare for you to get ready for the application.

At LL Law Firm, we take pride in our track record of successfully assisting many individuals and families in achieving their immigration goals. Our dedicated team of experienced attorneys and support staff work tirelessly to navigate the complexities of immigration law, ensuring that our clients receive the best possible guidance and representation. Whether it's securing visas, obtaining green cards, or achieving citizenship, we are committed to providing personalized and compassionate service every step of the way. At LL Law Firm, your immigration journey is our top priority.

Be Aware of Scams

If you seek legal counsel, beware of individuals who pose as immigration attorneys (such as unlicensed individuals or disbarred attorneys). The signs of an unethical practitioner may include:

  • 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.

To protect yourself from potential scams, remember:

  • Do not pay for government application forms;
  • Ask for a written agreement that describes the services to be provided and is signed by the provider. Read the agreement before signing it and keep the signed copy for your records;
  • Get copies of documents prepared for you; and
  • Ask for a written receipt that includes the name and address of the provider.