The Department of Homeland Security (DHS) announced today that it will establish a new process providing a pathway to citizenship for immigrants who entered the United States without inspection and are married to US citizens.
Under the current laws, individuals who entered the United States without inspection are not eligible to adjust their status in the United States and must instead consular process abroad. For many, this means triggering a three or ten-year bar of inadmissibility due to the unlawful presence accrued. President Biden’s “parole-in-place” initiative will allow individuals to adjust their status without having to leave the United States, thereby avoiding the issue of the unlawful presence bar. The program will essentially give the applicant a lawful entry, protect them from deportation, give them work authorization, and a pathway to permanent residency and eventual citizenship. Although solving the issue of an inspected entry, it is important to note that parole-in-place does not fix other issues of inadmissibility, such as prior immigration violations or criminal issues.
To be considered on a case-by-case basis for the program, the applicant must:
- Be legally married to a US citizen as of June 17, 2024 (or be a stepchild of a US citizen as of June 17, 2024);
- Be present in the United States without admission or parole;
- Be continuously present in the United States for at least 10 years as of June 17, 2024;
- Not pose a threat to public safety or national security;
- Not have a disqualifying criminal history;
- Be otherwise eligible to apply for adjustment of status;
- Merit a favorable exercise of discretion.
Additional information on the application process, required documentation, fee, and other details will be published in the Federal Register Notice, expected later this summer. We will provide more information as it becomes available.