Great News for Non-Citizen Spouses of US Citizens

UPDATE: A federal judge has temporarily blocked the Keeping Families Together program as of August 26, 2024. While this means that applications for the program cannot be processed by the Department of Homeland Security, they can still be submitted. Please contact Scott D. Pollock & Associates for more information.

Scott D. Pollock and Associates P.C. is pleased to share promising news for families seeking lawful permanent residency in the United States. The Department of Homeland Security has announced new measures to promote family unity during the immigration process. This move expands access to “parole in place” for some undocumented spouses of United States citizens.

Current Process Is Burdensome for Couples

Under the current law, noncitizens married to U.S. citizens can seek lawful permanent residence through marriage. However, this often involves a complex and lengthy process. Many applicants are required to leave the United States and wait for their application to be processed abroad. This can result in a prolonged and potentially indefinite separation from their U.S. citizen spouse and family, causing significant hardship and uncertainty. The recent policy change from DHS aims to address these issues.

Updated Process: Who Qualifies?

To improve this challenging process, DHS will now consider case-by-case requests to allow a spouse to remain in the U.S. (parole in place) when applying for permanent residence. To be considered, a noncitizen spouse must:

• Have continuously lived in the U.S. without admission or parole for at least ten years
• Have a legally valid marriage to a U.S citizen for at least ten years
• Not pose a threat to public safety or national security
• Be otherwise eligible to apply for adjustment of status
• Merit a favorable exercise of discretion

If paroled, a noncitizen can apply for lawful permanent residence without leaving the U.S. DHS estimates that approximately 500,000 noncitizen spouses of U.S. citizens are potentially eligible to access this process. Moreover, about 50,000 children will likely be eligible to seek parole. Noncitizen children of applicants may be eligible for parole if they are present in the U.S. without admission or parole and have a stepchild relationship with a U.S. citizen as of June 17, 2024.

Applications Expected to Open Later This Summer

To be considered for parole, applicants must file a form with USCIS, provide supporting documentation demonstrating their meeting the requirements, and pay a fee. More information about eligibility and the application process, including a notice in the Federal Register, will be published soon. USCIS will reject filings before the official application process begins later this summer.

USCIS will determine if parole is granted on a case-by-case basis. All requests will consider the applicant’s immigration history, criminal history, background check results, and national security and public safety vetting.

Helping Immigrant Families

Contact Scott D. Pollock and Associates P.C. to learn more about this policy change. We are here to assist you in gathering the necessary documents and preparing your application ahead of time, providing you with the support and guidance you need to keep your family together.