DHS Process to Promote Unity and Stability for Families
ALERT:
On August 26, 2024, the United States District Court for the Eastern District of Texas, in Texas v. Department of Homeland Security, Case Number 24-cv-306 administratively stayed DHS from granting parole in place under Keeping Families Together for 14 days; the District Court might extend the period of this administrative stay.
While the administrative stay is in place, USCIS:
- Not grant any pending parole in place requests under Keeping Families Together.
- Continue to accept filings of Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens.
The District Court’s administrative stay order does not affect any applications that were approved before the administrative stay order was issued.
Parole in Place (PiP) for Certain Spouses and Children of U.S. Citizens
On June 18, 2024 the Biden Administration announced new immigration benefits for the undocumented spouses and children of US citizens. Recipients will be protected from deportation and can apply for work authorization
Applications for the new parole in place program will open on August 19, 2024.
DHS will post a Federal Register notice that will give final eligibility requirements, form to use and associated application fees. Applying before August 19, 2024 will result in a denied application. All parole cases are handled on a case by case basis and this process will be the same.
To qualify for relief (Requirements in place as of 7/25/24):
- Have a legally valid marriage to a US citizen as of June 17, 2024
- Have lived in the US for at least ten years as of June 17, 2024
- Have originally entered the US without admission or parole
- Not have any disqualifying criminal history or otherwise constitute a threat to national security or public safety
- Even if the US citizen spouse died, the noncitizen can apply so long as the marriage happened before 06/17/24
- Even if the noncitizen is currently in proceedings or if a order of removal has been issued, they can still apply
DHS 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.
Applicants will be required to submit supporting documentation to demonstrate they meet the criteria. In preparation of the application, applicants should gather the following supporting documentation prior to August 19, 2024.
The application fee will be $580, with no possibility of a waiver.
If you have a criminal history, or a history of deportation, it is recommended that you speak to an attorney before applying for this program.
Parole in Place for Spouse of US Citizen documentation:
- Evidence of legally valid marriage to a US citizen as of June 17, 2024
- Proof of identity. Examples can include:
- Valid state or country drivers license or identification
- Birth certificate w/ photo identification
- Valid passport or any government issues document with name, DOB, and photo
- Evidence of spouse US citizenship
- Documentation establishing continued presence in the US for at least 10 year as of June 17, 2024. Examples can include:
- Rent receipts or utility bills
- School records
- Hospital or medical records
- Verification of evidence from religious entities, unions or other organizations, identifying you by name
- Official records from a religious entity confirming participation
- Money order receipts sent into or out of the US
- Birth certificates of children born the US
- Dated bank transactions
- Automobile license receipts, title or registrations
- Deeds, mortgages or rental agreements
- Insurance policies tax returns or tax receipts
Parole in Place for noncitizen children of requestors:
- Evidence of the child’s relationship to the noncitizen parent
- Evidence of noncitizen parent’s legally valid marriage to US citizen as of June 17, 2024
- Evidence of the child presence in the US as of June 17, 2024
Streamline of 212(d)(3) Waivers for DACA Recipients and Dreamers
On June 18, 2024 the State Departments has updated its Foreign Affairs Manual stating that D 3 waivers for individuals with degrees from US college or universities who are seeking to work a US employer should be recommended for waivers and expedited processing.
As of 7/25/2024 DOS and DHS have not issued policy directions.
This information is for educational purposes only and do not constitute legal counsel.
