USCIS began accepting applications in August—here's how the new Parole-in-Place process works

A new immigration program will enable certain noncitizen spouses who lack valid status to obtain temporary permission to be in the United States while they pursue permanent legal status.

On August 19, 2024, U.S. Citizenship and Immigration Services ("USCIS") opened the window and began accepting online applications under the process of a new Parole-in-Place Program to promote family unity in the immigration process. USCIS will consider, on a case-by-case basis, requests for Parole-in-Place from certain noncitizen spouses and stepchildren of U.S. citizens who have been in the United States for at least 10 years and who lack valid status. After parole is granted, the noncitizens can apply for temporary work authorization and may be able to apply for lawful permanent residence, a "green card," if otherwise eligible. Employers in industries ranging from agriculture, food, and beverage to manufacturing and construction to healthcare and technology may benefit from the expanded workforce as these individuals attain the ability to work legally in the United States.

What Is Parole-in-Place?

Parole-in-Place is a type of temporary permission to remain in the United States that USCIS can grant to noncitizens on a discretionary basis where there is a humanitarian reason or significant public benefit.

Parole-in-Place approval is valid for up to three years.

Can Individuals With Parole-in-Place Work?

Parole-in-Place does not grant work authorization. If the application is approved, then the individual will need to apply for a work permit by filing Form I-765 Application for an Employment Authorization Document (an "EAD" card) and pay an additional filing fee.

How Will an Employer Know if an Employee Has Parole-in-Place?

Employers can recognize that an individual was granted Parole-in-Place when they present an EAD card for hiring or continued employment purposes with a category (c)(11) designation on it.

What Is Changing in Immigration Law?

Parole-in-Place is an existing program that has been available for military families, and USCIS now is expanding it as part of the Administration's Keeping Families Together initiative.

Previously, a U.S. citizen could petition for—that is, sponsor—their noncitizen spouse for permanent residence and a green card, even in many instances where the noncitizen was undocumented or had a lapse of status. However, the family members needed to show hardship to overcome the lack of valid status, and in some instances to leave the United States for processing of a waiver of the inadmissibility.

This new Parole-in-Place Program was announced on June 17, 2024. Under the "parole" aspect of this program, the noncitizen's presence in the United States is deemed sufficient to then apply for a green card based on the relationship to the U.S. citizen spouse or step-parent.

What Are the Eligibility Criteria for Spouses?

To be considered for a discretionary grant of parole, on a case-by-case basis, under this process, applicants must satisfy the following requirements:

• Be present in the United States without admission or parole—individuals who entered lawfully but overstayed are not eligible;
• Have been continuously present in the United States—with no departures—since June 17, 2014 (10 years before the program was announced);
• Have a legally valid marriage to a U.S. citizen as of June 17, 2024 (the date the program was announced);
• Not have any disqualifying criminal history or otherwise be considered a threat to national security or public safety;
• Not have multiple unlawful entries into the United States; and
• Otherwise merit a favorable exercise of discretion.

USCIS may also consider certain noncitizen children of the spouses under this process 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.

What Are the Eligibility Criteria for Stepchildren?

For noncitizen stepchildren, the applicants are not required to have 10 years of U.S. presence but are required to provide the following:

• Evidence of the child's relationship to the noncitizen parent, such as a birth certificate or adoption decree;
• Evidence of the noncitizen parent's legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate;
• Evidence that the marriage took place prior to the stepchild's 18th birthday; and
• Evidence of the child's presence in the United States as of June 17, 2024.

When Can Applicants Apply?

USCIS began accepting applications online as of August 19, 2024.

What Can Applicants Do to Prepare?

1. Create or Update an Online Account

The Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, must be filed online through https://my.uscis.gov/. Attorneys may assist, but each individual applicant must have an online account.

2. Gather Identity and Relationship Evidence

Applicants can begin to prepare to file a parole application by gathering initial required evidence:

• Passport;
• Evidence of a legally valid marriage to a U.S. citizen as of June 17, 2024, in particular, a marriage certificate issued by a government authority;
• Documentation of proof of identity, which may include expired documents, such as the following:
  • State or country driver's license or identification;
  • Birth certificate;
  • Any government-issued document bearing the name, date of birth, and photo;

• Evidence of an applicant's spouse's U.S. citizenship, such as a passport, birth certificate, or Certificate of Naturalization.

3. Gather Evidence of U.S. Presence

If applying as a spouse, applicants must establish continued presence in the United States from at least June 17, 2014, through June 17, 2024. Applicants should have evidence from each year to demonstrate the continuity.

Examples of evidence include the following, all of which must have dates:

• Utility bills;
• Receipts for purchases from U.S. addresses;
• School records;
• Medical records;
• Bank or financial statements;
• Insurance policies;
• Vehicle purchase records, titles, registrations;
• Automobile license receipts;
• Tax returns or tax receipts;
• Facebook, Instagram, or other social media posts from within the United States;
• Text or other instant messages referring to presence within the United States.

The supporting documents will need to be uploaded after completing the Form I-131F application online.

4. Prepare a Personal Statement

The applicant must include a short statement or declaration to upload with the application, describing why the applicant warrants a favorable exercise of discretion based on a significant public benefit or urgent humanitarian reasons. Family unity may be considered a humanitarian reason.

What Is the Process?

USCIS has announced that the application can only be filed using Form I-131F and by filing online through the individual's account at https://my.uscis.gov/. A separate form must be filed for each person seeking parole in place, even if they are part of the same family.

The filing fee is $580, and there is no fee waiver.

Certain aspects of the process still are unknown:

• Length of time for processing;
• Criteria for seeking renewal of Parole-in-Place.

USCIS has begun to make additional information available at https://www.uscis.gov/keepingfamiliestogether and will likely provide additional FAQs as individuals begin applying for the benefit.

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