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USCIS Announces Biden Parole in Place Application Date of August 19, 2024

Application Date Announced

One month after the Department of Homeland Security (DHS) published a process to consider, on a case-by-case basis, requests for “parole in place” from certain noncitizen spouses of U.S. citizens who have been in the U.S. for at least a decade, further details were announced on July 17, 2024. If parole is granted, noncitizens who are eligible to apply for lawful permanent residence based on their marriage to a U.S. citizen will be able to do so without having to leave the United States.

USCIS announced that applications would begin to be accepted on August 19, 2024. Applications submitted prior this date will not be accepted.

Eligibility Criteria for Parole in Place

To be considered for a discretionary grant of parole, on a case-by-case basis, under this process, USCIS indicates the applicant must:

  • Have been continuously present in the United States for at least 10 years as of June 17, 2024;
  • Have a legally valid marriage to a U.S. citizen as of June 17, 2024;
  • Be present in the United States without admission or parole;
  • Not have any disqualifying criminal history or otherwise constitute a threat to national security or public safety; and
  • Otherwise merit a favorable exercise of discretion.

Children of spouses of U.S. citizens may also qualify if, as of June 17, 2024, they were physically present in the United States without admission or parole, and have a qualifying stepchild relationship to a U.S. citizen.

Preparing Now

Potential Applicants should speak with an Immigration Attorney to evaluate their case and any relevant factors. As the application window is in 30 days, applicants can begin gathering their immigration and biographic documents, as well as documentation to establish continued presence in the United States for at least 10 years, as of June 17, 2024.

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