On June 18, 2024, the Biden administration announced a new program to promote family unity for certain undocumented spouses and children living in the United States. This new program is not yet in effect, and there is no way to apply currently. You can read the formal announcement here.
What is the new program?
The new program would allow certain undocumented spouses and stepchildren of U.S. citizens to apply for parole-in-place. Parole-in-place is discretionary, meaning that the government will decide the outcome of each application on a case-by-case basis.
The advantage of receiving parole-in-place is that you can apply for work authorization, and also can apply for your green card while in the United States. Under the current system, many undocumented spouses and stepchildren of U.S. citizens have to leave the United States to obtain a green card. By leaving the US, you may trigger a bar to re-entry. While out of the country, depending on your situation, you may have to wait years to obtain permission to re-enter. you also would not receive work authorization while waiting.
The new program would allow undocumented individuals to legally work and stay with their family in the United States while the green card application moves forward.
What are the requirements for the new program?
We do not yet know the specifics. What we do know is that generally, an undocumented spouse would need to meet the following qualifications:
- Be present in the United States.
- Have entered the United States without permission (i.e., without admission or parole).
- Have lived in the United States, without leaving, since June 17, 2014, or earlier.
- Married a U.S. citizen on or before June 17, 2024.
- Do not have a criminal history or pose a threat to public safety or national security.
If an undocumented spouse has a noncitizen child, that child may qualify for this program as well. An undocumented stepchild would need to meet the following qualifications:
- Be present in the United States.
- Have entered the United States without permission (i.e., without admission or parole).
- Their parent married a U.S. citizen on or before June 17, 2024.
- The child was under 18 years old when their parent and U.S. citizen stepparent married.
- Do not have a criminal history or pose a threat to public safety or national security.
What can I do now?
While this is a welcome announcement, it is important to remember that the new program is currently not in effect, and finalized regulations are not expected until late summer 2024. This means that there is currently no way to submit an application for this program.
There is also the possibility that this new program will be legally challenged, and court cases could delay the implementation of the program, or invalidate it.
If you think you qualify, here are some steps that you can take today to prepare:
- Consult with an attorney. While we cannot currently advise you on how to file under the new program, consulting with an attorney can help you learn if you potentially qualify based on the currently provided information, or whether you have any other options, and the potential risks and benefits in your particular case. You can submit an inquiry to consult with Ostrom Law Office here.
- Sign up for news alerts with USCIS here. When new programs take effect, USCIS will announce how the program works and steps to take.
- Make sure you thoroughly understand your own immigration history. Retrace your steps and make a timeline of your time in the United States. Did you enter and leave multiple times? Were you ever detained or deported? If you worked without authorization, what documents did you show to get a job? If you are having a hard time constructing a timeline, consult with an attorney to see if filing a Freedom of Information Act (FOIA) request can be helpful in your case.
- Gather your documents. One of the biggest delays in many cases is the time it takes to gather documents. While an attorney can advise you on the exact type of documents needed in your case, it is always helpful to make sure you have copies of identity documents (e.g., passports, birth certificates, and name change documents), civil status documents (e.g., marriage and divorce certificates), and criminal charge documents (e.g., criminal history register, charging documents, etc.). These are helpful documents to bring to your appointment with an attorney as well.
The information above is for general information purposes and does not constitute legal advice. Please consult with a licensed attorney before acting.
