Biden’s Family Unity Parole-in-Place Program: Application Period Begins August 19!
Today, the Biden Administration announced that it will begin accepting parole-in-place applications under its new family unity initiative beginning August 19, 2024. This program will allow over 500,000 spouses of U.S. citizens and their children to obtain a green card without having to leave the U.S. Here is what you need to know to determine if you or someone you know will qualify and what you can do now to get ready.
WHY THIS IS IMPORTANT
Spouses of U.S. citizens are generally eligible for lawful permanent residency in the U.S. (i.e., a green card). However, in most cases, the applicant is disqualified from “adjustment of status” if he or she entered the country without being admitted or paroled by an immigration officer. They are required to leave the U.S. and apply for a visa in their home country. Those who have lived in the U.S. without lawful status run the risk of triggering an “unlawful presence” bar the moment they leave. To obtain a visa, they must first be granted a waiver of the unlawful presence bar.
The Family Unity Parole-in-Place program will allow some applicants who entered the U.S. without inspection to apply for adjustment of status. Those applicants will not be required to leave the country and apply for a visa. They will not trigger an unlawful presence bar. They will not be separated from their families. It is a very big deal for those who qualify.
ELIGIBILITY CRITERIA
In order to be eligible for this program, you must prove that:
- You have been physically present in the U.S. for at least 10 years as of June 17, 2024
- You were married to a U.S. Citizen as of June 17, 2024
- You do not pose a threat to public safety or national security
- You are deserving of a favorable exercise of discretion
APPLICATION PROCESS
The application period will begin on August 19, 2024.
There will be two steps to the application process:
- Apply for Parole-in-Place (PIP)
- Apply for Adjustment of Status (AOS)
Additional details about the application process will be posted over the next couple of weeks. We hope that USCIS will allow “concurrent filing” so that one can apply for both parole-in-place and adjustment of status at the same time.
In each case, USCIS will consider whether the applicant deserves a “favorable exercise of discretion.” That means that we must provide extensive evidence about your background and moral character so that your application is as compelling as possible.
WHAT YOU CAN DO NOW
Even though the application period has not yet opened, it is never too soon to begin gathering the evidence that you will need. We expect to be very busy with these applications over the next several months. We will process cases on a first-come-first-served basis. The sooner we get started on your case, the sooner we will be able to file. Similarly, USCIS will be very busy processing cases once the application period opens. That means, the sooner you file the sooner you will get a decision on your application.
If you think that you meet the eligibility criteria listed above, contact our office today at (215) 717-8000 to schedule your consultation and confirm your eligibility. Through the end of August, we will be offering $100 off our consultation fee to subscribers to our newsletter. Fill out the form on this page to subscribe so that you do not miss any alerts about this important program and other immigration law topics that may be of interest to you.
