The U.S. Department of Homeland Security (DHS) recently announced a new program designed to promote and facilitate family unity by allowing certain undocumented spouses and stepchildren of U.S. citizens to become eligible to apply for legal permanent residence (a green card) without having to leave the country. The official rules of the program have not yet been published, but eligible individuals may include those who are undocumented but have been granted removal protections such as beneficiaries of the Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS) programs.
U.S. immigration laws allow any foreign national to apply for a green card through bona fide marriage to a U.S. citizen. However, foreign nationals who entered the U.S. “illegally” (i.e., were not lawfully admitted by a U.S. immigration officer) are currently ineligible to be granted lawful permanent resident status from within the U.S. Instead, such individuals are required to leave the country and go through an application process with a U.S. Consulate or Embassy abroad. Because the process of applying for a green card abroad can be lengthy and unpredictable, it has the potential to result in long-term separation from loved ones in the U.S. Moreover, if the application were to be denied (a particular concern for foreign nationals who have been in the country without lawful immigration status for long periods of time), the applicant may be unable to return to the U.S. As a result, many foreign nationals choose to stay in the U.S. without lawful immigration status to preserve family unity.
To provide some relief to families in this situation, DHS recently introduced an initiative that will allow eligible undocumented foreign spouses and stepchildren of U.S. citizens to apply for what is called “parole in place”. If granted, parole would allow such individuals the opportunity to obtain a green card without having to leave the country. It may also provide eligible applicants with U.S. employment authorization even before obtaining their green card. Any individual granted parole under this new program must still meet all other eligibility criteria for a green card (for example, no disqualifying criminal history), but the granting of parole will remove the primary barrier that these individuals face to obtaining a green card without having to leave the United States.
Although the official rules and parameters of the program have yet to be published, DHS announced that it will begin accepting parole applications on August 19, 2024 and that to be eligible for parole under this new program, the applicant must:
- be present in the United States without admission or parole (i.e., must have last entered the U.S. illegally);
- have been continuously present in the United States for at least 10 years as of June 17, 2024; and
- have a legally valid marriage (or qualifying stepchild relationship) to a U.S. citizen as of June 17, 2024.
Eligible applicants will need to file a form with U.S. Citizenship and Immigration Services (USCIS), pay a fee, and submit documentation to show they meet the relationship and continuous presence requirements described above. USCIS will then determine on a case-by-case basis whether a grant of parole is warranted, taking into consideration all relevant factors including immigration history, criminal history, and the results of background checks and national security and public safety screening.
It is worth noting that the future of this program is uncertain. There is a high likelihood that there will be one or more lawsuits filed in federal court to challenge this program once it goes into effect, the outcome of which could be an injunction that prevents DHS from continuing to accept and adjudicate applications. Moreover, it is also possible that the program could be terminated with a new administration taking office in January 2025.
For more information and resources, refer to the DHS Fact Sheet on the program. You can also refer to the White House Fact Sheet announcing the program and other forthcoming immigration initiatives.