Biden's Parole in Place Program For Spouses

Biden's parole in place program for spouses of U.S. citizens was announced today! This program actually has two aspects: parole in place for spouses of U.S. citizens, and an employment-based aspect for DACA recipients and other "Dreamers."

Keeping American Families Together

Biden's parole in place program for spouses should allow undocumented foreign nationals who are married to U.S. citizens to apply for parole in place. Parole in place is a process that effectively allows qualifying foreign nationals to eventually apply for permanent residence without leaving the U.S. Once in effect, this means that qualifying individuals would not have to apply for an I-601 waiver and leave the U.S. to apply for an immigrant visa.

The requirements for the parole in place program are as follows:

• The applicant must be in the U.S. without admission or parole.
• The applicant must have continuously resided in the U.S. for at least 10 years as of June 17th, 2024, and
• The applicant must have a legally valid marriage to a U.S. citizen as of June 17th, 2024.

In addition, applicants must not have a disqualifying criminal history. In addition, at this time, it's not clear what the implications of a previous deportation order, permanent bar, etc. will be.

The Parole in Place Process and What's Next:

We anticipate that qualifying applicants will first need to file a parole in place application, with a filing fee. Once approved, the qualifying applicant will have up to three years to apply for permanent residence (a green card). However, as of June 18th, 2024, we do not have instructions from USCIS. We are waiting for USCIS to issue instructions via the Federal Register. We anticipate that we can begin filing applications later this summer.

Easing the Visa Process for U.S. College Graduates, Including Dreamers

Employers, DACA recipients, and others take note! There's a critical second piece to this announcement that is not being talked about as much. The White House says that this announcement will allow individuals, including DACA recipients, who have earned a degree at a U.S. institution of higher education, and who have received an offer of employment from a U.S. employer to "more quickly receive work visas." At this time, it's not clear exactly what that means, but we will post more information here on our blog, as well as on Emily's LinkedIn and other social media outlets as we have more information.

What Can You Do Now to Prepare?

• First, keep in mind that we do have not instructions from USCIS on this process yet. If you file something with USCIS relating to this program, it will be rejected or denied at this point.
• If you plan to work with a professional to support you with this process, make sure you're working with a licensed, experienced immigration attorney. We anticipate that consultants, notarios, and non-immigration lawyers will try to "help" applicants with this process. That can cause more harm than good, and you may lose money and/or end up with a bigger immigration problem than you had before.
• If you believe you are qualified, you can start to gather evidence of your continuous residence in the U.S. for the past ten years. Check out our video for suggestions on the type of evidence (keeping in mind the USCIS instructions may give specifics).
• If you are an employer or DACA recipient interested in the second half of this announcement, stay tuned here and on our other social media for more information!
• Take a deep breath, and know that while we're cautiously optimistic about this, there almost certainly will be litigation to challenge it. We'll have to see what effect, if any, the litigation has. In addition, this program could end or change with a different presidential administration.

As of June 25th, USCIS has not issued regulations or further instructions on this new program. We anticipate that USCIS will issue regulations within the next 60-90 days, and, hopefully, we will be able to begin submitting applications shortly after that. If you believe you may qualify for this program, you can go ahead and set a time for a consultation with one of our attorneys, but we will not be able to file applications until after the regulations are issued.

If you are not yet a Sumner Immigration Law client and you’re looking for an experienced, empathetic, and efficient team to help you navigate the process with confidence, please contact us today and set up your initial consultation to get the process started! You can set an appointment online. You can also call us at 804-396-3412 or send us an email at info@sumnerimmigration.com. We are immigration lawyers in Richmond, VA but we serve clients throughout the U.S. and around the world. For more information on our firm visit Who We Are and What Makes Us Different! We look forward to hearing from you!

As always, the above information is for educational purposes only and is not legal advice. Please speak with a qualified immigration lawyer before taking action.