New Opportunities: USCIS to Accept Parole Applications for Undocumented Spouses Starting August 19

This article was written by Sheetal A. Patel and published in New India Abroad’s weekly e-paper on July 27, 2024. Visit New India Abroad and go to page 15 of the e-paper to see the article.

The Biden Administration earlier this month announced a unique opportunity for undocumented spouses of United States citizens and qualifying noncitizen children to apply for “parole in place". This program will enable up to 550,000 people to receive temporary protections and work authorization in the United States. Most importantly, it will provide a path to apply for lawful permanent resident (LPR) status through their spouses without having to leave the United States, and eventually obtain U.S. citizenship.

The announcement makes it clear that an upcoming Federal Register notice will be published which clarifies the application procedure, including which form to complete, and associated filing fees.

This is hopeful measure anticipated by many undocumented spouses throughout the United States. If parole is granted, one can immediately apply for EAD (Employment Authorization Card) to lawfully work in the U.S. During the parole period, the Applicant will also be eligible to apply for a marriage-based immigrant petition concurrently with adjustment of status to obtain Lawful Permanent Residency.

Eligibility Requirements for Parole:

The Department of Homeland Security (DHS) has announced, that it will begin accepting applications for qualifying spouses on August 19, 2024. For eligibility, one must:

• Be present in the U.S. without admission or parole,
• Establish continuous presence in the U.S. for at least ten (10) years as of June 17, 2024,
• Be legally married to a U.S. citizen as of June 17, 2024,
• Not have any disqualifying criminal history or pose a threat to national security or public safety, and
• Merit a favorable exercise of discretion

If parole is granted, individuals would be eligible to apply for lawful permanent residence based on their marriage to a U.S. citizen without having to leave the U.S. This is positive change from the previous requirement of having to leave the U.S. and worries that individual and family members would have about failure to return to the U.S. The program offers relief to many individuals throughout the United States.

Documents Required for Parole Application:

USCIS has noted that while they will not accept applications until August 19, 2024, applicants can certainly begin to collect documents required to demonstrate eligibility for the program including but not limited to the following:

• Marriage Certificate as evidence of marriage to a U.S. citizen as of June 17, 2024,
• Evidence of identity, including:
  • Valid state or country driver’s license or identification.
  • Birth certificate with photo identification
  • Valid passport
  • Any government issued document bearing the requestor’s name, date of birth, and photo.
• Evidence of spouse’s U.S. citizenship, including passport, birth certificate or Certificate of Naturalization.
• Evidence to establish continued presence in the United States for at least 10 years, as of June 17, 2024 (examples include the following):
  • Utility bills
  • Tax Return filings
  • Rental receipts
  • Lease agreements mortgage statement, or deed
  • School records (letters, report cards, etc.) for applicant or children
  • Medical records
  • Insurance policies
  • Birth certificates of children born in the United States
  • Automobile license receipts, title, or registration
  • Deeds, mortgages, or rental agreement
  • Affidavits from friends, family, community members which can attest to the Applicant’s residence in the U.S.

Pasricha and Patel, LLC anticipates that this program will impact the lives of many individuals positively in the United States. If you think you may qualify for this program, please do not hesitate to contact our office for more information or to schedule a consultation.