Photo by Djim Loic on Unsplash

It's been six months of uncertainty, and now the conclusion is the opposite of what we were hoping for. 

Recently a federal judge ruled against Parole in Place - the process created by the Biden Administration under the Keeping Families Together program. The process, announced in June of this year, was created so that thousands of people in mixed-immigration status families could be put on a path to a green card. It was estimated by the Department of Homeland Security (DHS) that around 500,000 noncitizen spouses of U.S. citizens could be eligible to access the parole-in-place program, and that approximately 50,000 children of those spouses would also be eligible for the process. 

Shortly after the USCIS process opened for families to begin applying for parole-in-place, a federal lawsuit was filed August 23, 2024 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. 

For the last few months while the case has been pending, the Court made an order that allowed families to still apply for parole-in-place, but prevented USCIS from approving the applications. However, on November 7, a ruling by Judge Barker has ended even the initial applications from being filed. The order stated that the Biden administration had exceeded its statutory authority because the Immigration and Nationality Act allows for paroling people "into the United States," not extending parole to those already in the country.

It's unclear at the moment what will happen to people who have already submitted their paperwork, but we will update our website if there are any federal announcements about that. 

The Biden Administration seems to be currently weighing its options, with a DHS spokesperson stating that "We firmly believe Keeping Families Together is grounded in well-established legal authority, and its purpose is consistent with fundamental American values."

We are hopeful that the Administration will appeal this ruling, and we know it would make a big difference to the estimated 42,000 people in Virginia who are in mixed-status marriages. As with most other immigration processes that have dealt with setbacks, Congress could create an act to help mixed-status families. We encourage you to reach out to your Virginia congresspeople and let them know how important the parole-in-place program is. You can contact Virginia Senator Mark Warner here, and Virginia Senator Tim Kaine here. 

If you would like assistance with discussing immigration options for you and 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.