| On July 17, 2024, USCIS officially announced that it will begin to accept applications for Biden’s Parole in Place Program with an aim to promote unity and stability of families. USCIS is not accepting applications right now, so don’t send it in before the August 19th date. More details about the application process will be published in something called the Federal Register, so I’ll know more once that comes out. In the meantime, here’s what you need to know: Each case will be determined on a case-by-case basis. You must: -Be present in the United States without admission or parole (meaning you entered without documents); -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 (can’t be divorced from the U.S. citizen spouse); -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 (this is a catch all, meaning that overall you deserve to get this) If you are granted parole, that by itself does not give you a green card. You would have to actively apply for the green card through your marriage to a U.S. citizen, and in some cases stepchildren of U.S. citizens could also qualify to get parole and eventually a green card. If you are granted parole under this program, it will allow you to apply for a green card in the U.S. through your U.S. citizen spouse’s petition for you without having to leave. Typically, if someone enters the U.S. without documents, and even if they marry a U.S. citizen, they must leave the U.S. and interview at a U.S. consulate where a consular officer will decide whether or not to give that person an immigrant visa. When someone gets an immigrant visa, once they enter the U.S. with it, they are considered green card holders. Many people are terrified of having to leave the U.S. to interview, so this new program would allow a person to bypass all of that and apply for a green card without having to leave. |
| What Documents Will Be Required? According to the USCIS news release, this is directly from its website regarding what documents will be needed: Evidence of a legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate. Documentation of proof of identity, including expired documents may include: -Valid state or country driver’s license or identification; -Birth certificate with photo identification;Valid passport; or -Any government-issued document bearing the requestor’s name, date of birth, and photo Evidence of your spouse’s U.S. citizenship, such as a passport, birth certificate or Certificate of Naturalization. Documentation to establish your continued presence in the United States for at least 10 years, as of June 17, 2024. While more information will be made available in the forthcoming Federal Register Notice and subsequent FAQs, examples of documentation could include copies of: -Rent receipts or utility bills; -School records (letters, report cards, etc.); -Hospital or medical records; -Attestations to your residence by religious entities, unions, or other organizations, identifying you by name; -Official records from a religious entity confirming participation in a religious ceremony; -Money order receipts for money sent into or out of the United States; -Birth certificates of children born in the United States -Dated bank transactions; -Automobile license receipts, title, or registration; -Deeds, mortgages, or rental agreement contracts; -Insurance policies; orTax returns or tax receipts. For noncitizen children of requestors, evidence of eligibility could include: -Evidence of the child’s relationship to the noncitizen parent, such as a birth certificate or adoption decree; -Evidence of the noncitizen parent’s legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate; and -Evidence of the child’s presence in the United States as of June 17, 2024. As mentioned, although the application period has not opened, we are helping our clients prepare for it so that when August 19th comes around, the package will be ready to go and submitted. If you, or someone you know, could qualify for this and are interested in doing it, I’d be happy to help. You can call my office at 801-883-8204 to schedule a consultation, or you can schedule a consultation online here. We are able to help anyone located in any U.S. state. |
