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On August 19, 2024, the USCIS process opened for families to begin applying for parole-in-place, enabling certain undocumented, eligible family members to remain in the U.S. while applying for permanent residence. The process, announced by President Biden on June 18, has taken a setback, one that has an immediate impact on our clients. 

This week, in a move that was disappointing but not entirely shocking, a federal judge in Texas paused parole in place for undocumented families. The block is a “14-day administrative pause on approving applications to the program,” with the possibility of an extension. 

The current pause is a result of a federal lawsuit filed by 16 states against the Biden Administration, in which they asked the Court to block parole in place, and for a temporary restraining order while the Court decides the case. Additional hearings are scheduled over the coming weeks for both sides to present arguments.

Importantly, the pause that the federal Court put on the parole in place process still allows the government to receive applications during this time. That means that, even though parole in place applications can't be granted during these two weeks, mixed status families can still file them so they are ready to be decided when the stay is hopefully lifted.

Although this is certainly a discouraging setback for mixed-status families of U.S. citizens, we encourage you to contact us to see if filing a parole in place application makes sense for you. 

To be considered for the parole in place a spouse of a U.S. citizen 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; and

• Have no disqualifying criminal history or otherwise constitute a threat to national security or public safety; and

• Submit biometrics and undergo required background checks and national security and public safety vetting.

If you are the noncitizen stepchild of a U.S. citizen, you must:

• Have been under the age of 21 and unmarried on June 17, 2024;

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

• Have been continuously physically present in the United States since at least June 17, 2024, through the date of filing your request;

• Have a noncitizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before your 18th birthday;

• Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security*; and

• Submit biometrics and undergo required background checks and national security and public safety vetting.

This is a unique situation that the Biden Administration has put forth, and if it is allowed to move forward it will help thousands of people. DHS (Department of Homeland Security) estimates that around 500,000 noncitizen spouses of U.S. citizens could be eligible to access this process, and approximately 50,000 children of those spouses will also be eligible for this process. If you are one of them, we encourage you to file for parole in place while it is available. 

If you would like assistance with filing for your spouse or another immigration petition, you can reach us at (757) 422-8472, or send us a message on our website. You can also schedule an appointment with one of our attorneys by clicking on this link.