Parole In Place: New path to citizenship for married immigrants and their children

By: Harlan York
July 6, 2024
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  • Parole In Place: New path to citizenship for married immigrants and their children

Don’t miss this opportunity if you are an immigrant married to a US citizen! The Department of Homeland Security (DHS) recently announced a new program (Parole In Place) aimed at keeping families together during the immigration process. This is a significant development for many non-citizen immigrant spouses of U.S. citizens currently facing long separations.

The White House estimates that over 500,000 people could benefit, as well as 50,000 stepchildren of U.S. citizens who could apply as derivatives of their undocumented parent, representing the single biggest immigration relief program since DACA. The application period begins later this summer.

This new process means significantly reduced hardship for families currently separated by immigration processes, and a new – faster- pathway to permanent residence for many spouses who have built lives in the U.S.

What are the changes to the existing immigration rules?

The current law already allows immigrants married to a U.S. citizen to apply for Green Cards (lawful permanent residence). However, to if they want to apply for lawful permanent residence, most noncitizens must first depart the US and wait to be processed abroad. This often results in a prolonged, sometimes indefinite, period of separation from U.S. family members, and can be very difficult for everyone. In some cases, returning to their original countries also represents a threat to their person, or causes financial hardships.

The new program will allow the DHS to consider requests to apply for permanent residence without having to leave the country, on a case-by-case basis. This essentially moves a lot of the fear and uncertainty for many immigrants currently living in the US who wanted to go through the residency process through marriage to a US citizen.

Key Points of the new immigration rules:

Qualifying non-citizen spouses of U.S. citizens can now apply for lawful permanent residence from within the United States, eliminating the need for potentially lengthy stays abroad.

Who qualifies for the new Parole In Place program?

  • Must be married to a U.S. citizen (as of June 17, 2024).
  • Must have been continuously present in the U.S. for at least 10 years (as of June 17, 2024).
  • Be present in the United States without admission or parole.
  • Cannot pose a threat to national security or public safety.
  • Must have no disqualifying criminal history.
  • This program prioritizes the safety and security of the U.S., with thorough background checks for all applicants.
  • Noncitizen children of parents who qualify may also be considered for parole under this process as long as they are physically present in the United States without admission or parole and have a qualifying stepchild relationship to a U.S. citizen as of June 17, 2024.

How long will it take? When does it start?

USCIS will announce the application process and filing date in the coming months. Applications submitted before the official date will be rejected. Further details regarding the application form and fees will be available soon, so check back as we will update this post frequently.

At Harlan York & Associates, our experienced immigration lawyers can assist you in determining your eligibility for this program and guide you through the application process. We are committed to helping families in the US achieve their immigration goals. Please contact us if you think you, or your children, may qualify for this opportunity. We will have more information about this process, very soon.



About Harlan York

The first-ever attorney in New Jersey to win “Immigration Lawyer of the Year” from Best Lawyers, Harlan York is former immigration chair of the NJ State Bar Association and former co-chair for the NY State Bar Association CFLS Committee on Immigration. He currently serves on the American Immigration Lawyers Association (AILA) National Practice Management Committee.

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Harlan York & Associates practices law in the areas of Immigration, Deportation Defense, Family Immigration, Corporate Immigration, Naturalization throughout Essex County – Hudson County – Morris County – Passaic County – Somerset County – Middlesex County – Bergen County – New Jersey -Immigration Lawyer – NJ Immigration Lawyer – Jersey City-Newark-Paterson Passaic Elizabeth Edison Woodbridge Toms River Hamilton Trenton Camden Clifton Passaic Garfield Wallington Cherry Hill East Orange Passaic Union City Bayonne Irvington Old Bridge Lakewood North Bergen Vineland Union Wayne Parsippany-Troy Hills New Brunswick Plainfield Bloomfield Perth Amboy East Brunswick West New York West Orange Hackensack Atlantic City Kearny Mount Laurel Montclair Essex Hoboken North Brunswick Belleville. In addition to serving clients in New York, Pennsylvania, the greater United States, and Internationally.

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