In June 2024, the Biden Administration announced several immigration actions using the authority of the executive branch. Within a political landscape of stalemate on virtually all things immigration, it has not been unusual for recent administrations to seek to achieve certain policy goals outside of the legislative process.

One of these actions, in particular, stands to positively impact upwards of 500,000 individuals who are currently inside the U.S. but are unable to secure legal immigration status: Process to Promote the Unity and Stability of Families. The goal of this new process is to establish a process by which certain individuals who are married to U.S. citizens (and, in some cases, their children) can obtain lawful permanent residency (“green card”) without having to leave the country and risk being stranded abroad for potentially 10 years.

Under existing rules, when a foreign national marries a U.S. citizen and applies to adjust their status to that of a permanent resident (via Form I-485), the law generally forgives them of time spent in the U.S. without legal status as well as time spent working without authorization. However, a person is generally only eligible to file Form I-485 if they were lawfully inspected and admitted into the U.S. in the first place. So, there are many folks out there whose entire life and existence is that of an American—they work, contribute to the economy, pay taxes, and in some instances know nothing of their country of nationality. However, they have a huge obstacle to “getting legal” because they were not lawfully admitted in the first place (often referred to as “EWI”—“entered without inspection”), and the standards of and risks attendant to the I-601 waiver process are too great to take the chance. It is worth noting that while an I-601A waiver gives a decision on the waiver prior to departure, there is still a broad opportunity for complications and risk processing through the U.S. Embassy abroad.

From a technical, procedural perspective, approval under this program will be treated as a Parole in Place (PIP). If parole is granted, these noncitizens would receive a one-time period of authorized status that is valid for three (3) years.  During this period, they may be eligible to apply for work authorization that is valid for the duration of the parole period and will be eligible to apply for lawful permanent residence based on their marriage or step-child relationship to a U.S. citizen without having to leave the U.S.

USCIS will begin accepting applications on August 19, 2024.  

Eligibility 

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

• Be present in the United States without admission or parole; 
• 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; 
• 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. 

USCIS may also consider certain noncitizen children of requestors 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 with a U.S. citizen. 

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