[author: Torben Welch]

On June 18, 2024, the US Department of Homeland Security (“DHS”) announced new efforts “consistent with the Biden-Harris Administration’s commitment” to promote family unity in the US immigration process. The Department intends to offer Parole-in-Place to spouses of US Citizens who meet certain requirements as of June 17, 2024. More information and details on the application process, fees, forms, evidence, and when the Department will start accepting applications will not be released until closer to the end of the summer. Learn more from the DHS.

According to the announcement, the Department expects that about 500,000 individuals will meet the requirements for the Parole-in-Place benefit. Applicants will have to prove the following:

1. The applicant is present in the United States without admission or parole.
2. The applicant has been continuously, physically present in the United States for at least 10 years as of June 17, 2024.
3. The applicant had a legally valid marriage to a US Citizen as of June 17, 2024.

Parole-in-Place is one of many tools in the Department’s toolbox that have been around for years and have been offered in different contexts. One form of Parole-in-Place is already available for qualifying family members of current and former US Military Personnel. Parole-in-Place is a limited benefit with the primary purpose of “curing” an unlawful entry into the United States, which may then permit an applicant to adjust to Permanent Residence inside of the US in lieu of consular processing a “Green Card” outside of the United States.

Applicants for Parole-in-Place must otherwise be eligible to adjust their status to Permanent Residence in the United States if not for the one unlawful entry. This means that the applicant must not be inadmissible to the United States on other grounds or qualify for respective waivers of any other grounds of inadmissibility that may apply on a case-by-case basis. Per the announcement, “individuals [also] must have no disqualifying criminal history or otherwise constitute a threat to national security or public safety and should otherwise merit a favorable exercise of discretion.

We expect that the “New Process to Promote the Unity and Stability of Families” will primarily benefit those individuals who have also benefited from President Obama’s Executive Order effective since March 2013, creating a “provisional waiver” to overcome unlawful presence in the United States. Beneficiaries of the Parole-in-Place will now avoid the long and arduous process of obtaining the waiver, leaving the United States for the consular process, and returning as Permanent Residents.

If you believe that you or someone you know may benefit from the new Parole in Place process, we strongly advise seeking the guidance of a licensed attorney experienced in immigration law.