On June 18, President Biden announced a new parole-in-place program aimed at helping certain spouses of U.S. citizens obtain legal status and work permits without risking family separation.
Key Points of the Announcement:
• The program will allow eligible individuals to apply for parole-in-place from the Department of Homeland Security.
• It's estimated to benefit up to 550,000 people.
• Applications are expected to open later in summer 2024.
How This Policy Affects Mixed-Status Families:
• It provides a safer path to permanent residency for spouses who entered the U.S. without inspection.
• It eliminates the need for eligible individuals to leave the country and risk triggering reentry bars.
• The program also extends to some stepchildren of U.S. citizens, potentially benefiting an additional 50,000 people.
Benefits of the New Policy:
• Allows eligible individuals to apply for work permits.
• Provides a path to lawful permanent resident status without family separation.
• Offers peace of mind and permanent solutions for mixed-status families.
Eligibility Requirements:
Applicants must:
• Have continuously resided in the U.S. since June 17, 2014.
• Be physically present in the U.S. on June 17, 2024.
• Be legally married to a U.S. citizen as of June 17, 2024.
• Have entered the U.S. without admission or parole and lack current lawful status.
• Have no disqualifying criminal convictions.
• Not pose a threat to national security or public safety.
• Merit a favorable exercise of discretion.
Impact on Immigration Law and Practice:
• Solves a major obstacle in current immigration law for mixed-status families.
• Even if the program is reversed in the future, those granted parole will still have an easier path to permanent residency.
• Reduces the risk and bureaucratic hurdles for eligible individuals seeking to adjust their status.
Conclusion:
This new program represents a significant change in immigration policy, offering a more accessible and less risky path to legal status for many spouses of U.S. citizens who have been living in the country without formal immigration status.
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