New Immigration Policy to Give Legal Status to Spouses & Children of U.S. Citizens – What Does This Mean For Employers?

THE BIDEN ADMINISTRATION ANNOUNCES A NEW PAROLE IN PLACE PROGRAM BENEFITING SPOUSES AND CHILDREN OF U.S. CITIZENS

President Biden has announced a new policy that would allow thousands of immigrants who are the spouses or children of U.S. citizens and lack criminal offenses to apply for status in the United States. 

What is Parole in Place?

Parole in place allows a foreign national who came into the United States without authorization by an immigration officer to stay for a certain period of time. Parole in place is granted on a case-by-case basis for urgent humanitarian reasons or significant public benefit.

Parole is considered a lawful immigration status for purposes of certain immigration benefits, such as a Green Card. Parole, however, does not excuse any periods of unlawful presence outside of the parole period.

The Government will establish a new process to consider, on a case-by-case basis, requests for certain noncitizen spouses and children of U.S. citizens:

• who have lived in the United States for 10 years or more.
• do not pose a threat to public safety or national security.
• are otherwise eligible to apply for adjustment of status.
• and merit a favorable exercise of discretion.

Who is eligible for parole in place?

To be considered on a case-by-case basis for this process, an individual must:   

• Be present in the United States without admission or parole; 
• Have been continuously present in the United States for at least 10 years as of June 17, 2024; and 
• Have a legally valid marriage to a U.S. citizen as of June 17, 2024. 
• In addition, individuals must have no disqualifying criminal history or otherwise constitute a threat to national security or public safety and should otherwise merit a favorable exercise of discretion.
• Noncitizen children of potential requestors may also be considered for parole under this process if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship with a U.S. citizen as of June 17, 2024.

When will this program enter into effect?

This policy is not yet in effect, but it is expected to launch by the end of the summer. A rule will be published with the specific steps to be considered under this program.  

For more information, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 713-289-4546 or via email at info@montyramirezlaw.com