On June 18, 2024, the Department of Homeland Security (DHS) announced a new process to consider, on a case-by-case basis, requests for certain noncitizen spouses of U.S. citizens who have been continuously physically present without admission or parole in the United States for 10 years or more; have no disqualifying criminal convictions; do not pose a threat to national security and public safety and pass vetting; are otherwise eligible to apply for adjustment of status; and merit a favorable exercise of discretion. If paroled, those eligible will be able to apply for lawful permanent residence without having to leave the United States.

To be Eligible

An individual 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; and
• Have a legally valid marriage to a U.S. citizen as of June 17, 2024.

In addition, applicants must not have a disqualifying criminal history or otherwise constitute a threat to national security or public safety and should otherwise merit a favorable exercise of discretion.

Noncitizen children of spouses who are granted parole under this process may also be considered for parole on a case-by-case basis under this process if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship with a U.S. citizen parent as defined by the Immigration and Nationality Act as of June 17, 2024. To qualify as a stepchild under the Immigration and Nationality Act, the noncitizen child must be unmarried, under the age of 21, and the marriage of their noncitizen parent and U.S. citizen stepparent must have taken place prior to the child’s 18th birthday

Process

There are two parts to these cases. First, will be the filing of the Parole in Place Application with proof of the 10 years of physical presence in the US and good moral character. Those individuals who are granted parole are immediately eligible to apply for a work permit from USCIS.

Parole will be granted for 3 years. During that time, the Applicant will then be able to file an Adjustment of Status Petition in the US.

Who is NOT Eligible

A person who entered the US on a visa and overstayed in the United States will NOT be eligible for this process.

Noncitizens in removal proceedings may apply for parole in place under this process before USCIS if they otherwise qualify under this process. However, a noncitizen who is in removal proceedings because they are an enforcement priority under the Guidelines for the Enforcement of Civil Immigration Law, issued by Secretary Mayorkas in September 2021, will be disqualified from receiving parole in place pursuant to this process.

Persons who pose a threat to national security or public safety will be disqualified from this process andmay be referred to ICE. Also, some may be disqualified due to a criminal history which includes criminal convictions that are likely to render the individual statutorily ineligible for adjustment of status, as well as some convictions that do not render noncitizens statutorily ineligible for adjustment of status but nevertheless warrant their disqualification from this process in the exercise of discretion. DHS will be issuing further guidance on this topic.

Persons living abroad or overseas are not eligible for this program at this time.

Be warned that filing for Parole in Place and receiving a denial of a case, may trigger issuance of a Notice to Appear and placement of a person into removal proceedings. Only those who are truly eligible should consider applying.

Please contact Henner Law Group, PC at 914-358-5200 or at Susan@sbhenner.com to discuss eligibility for this process.