Photo by Kabita Darlami on Unsplash

On June 18, 2024 the Biden Administration announced a new parole-in-place for certain noncitizen spouses of U.S. citizens, and in certain cases, noncitizen stepchildren of U.S. citizens. The new process (also available in Spanish here) will enable certain undocumented, eligible family members to remain in the U.S. while applying for permanent residence. 

A few days ago, on August 19, 2024, the USCIS process opened for families to begin applying. Below we have outlined the steps to take to apply for your eligible family members. 

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.

So How Do I Actually Apply?

To apply for parole-in-place, you must file for each qualifying person a Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, along with the filing fee, which is $580. 

The form can only be filed online, and each person for whom you are applying must have their own USCIS online account, which can be made here. You must have a separate email address for each account made. After filing, the applicant will be required to provide biometrics, including fingerprints, photographs, and a signature.

How Long Will My Application Take to Process?

Since this is a brand new process an estimated processing time has not yet been announced, but the sooner you file the better.

When Can I Get Work Authorization?

Once parole-in-place is approved you can apply for work authorization (Form I-765) using the (c)(11) category code. You can also apply for a social security card using the same work authorization form. 

UCSIS has made a helpful Frequently Asked Questions page about family parole-in-place, which we recommend reading. 

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. 

Remember that ONLY an attorney or an accredited representative working for a Department of Justice (DOJ)-recognized organization can give you legal advice. Please make sure that when applying for this new process you are receiving assistance and advice from someone who is legally qualified and authorized to give it to you. 

We are very excited for this new parole in place process to begin, and we know it will be life changing for many people. 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.