Photo by Kai Pilger on Unsplash

It happened again. 

Instead of making a decision on the status of parole in place, the hold that was announced a couple weeks ago by a federal judge in Texas has been extended again. This time the hold is supposed to be until September 23, although we will not be surprised if it is extended again while this case progresses through the federal judicial system. 

A Quick History 

• 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.

• On August 23, 2024 a federal lawsuit was 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. 

• ​​On September 4, 2024, the court extended the order preventing USCIS from approving applications until September 23, 2024.

What Does this Hold Extension Mean for Me?

If you are one of the estimated 550,000 people that could be eligible for permanent residence based on the parole in place program, it's important to know that 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.

Remember You are Not Alone

In Virginia, there are 251,000 undocumented immigrants, and according to studies, 42,000 of those are married to a U.S. citizen or green card holder, making them likely eligible for the parole-in-place plan. DHS (Department of Homeland Security) estimates that around 500,000 noncitizen spouses of U.S. citizens could be eligible to access this process nationally, 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 contact us to see if filing a parole in place application makes sense for you, while it is still available. 

Am I Eligible?

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.

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.