The Biden administration announced the application process for a green card for qualifying unauthorized spouses and children of U.S. citizens opens August 19, 2024. Under the program, qualifying individuals will not be required to leave the country. Each request for parole in place will be considered on a case-by-case basis.

Qualifying individuals must be a noncitizen spouse of U.S. citizens who have been living in the U.S. for a minimum of ten years. If parole is granted, these individuals will have the option to apply for lawful permanent residence status, or to obtain a green card, based on marriage to a U.S. citizen without leaving the country.

Applications open on August 19, 2024. If applications are submitted prior to that date, they will be rejected. Additional information regarding the application process will be published in a Federal Register notice.

Qualifying Individuals

Individuals interested in applying for a discretionary grant of parole for this benefit must meet the below criteria:

  • Present in the U.S. without parole or admission,
  • Continuously present in the U.S. for a minimum of 10 years as of June 17, 2024,
  • Have a valid legal marriage to a U.S. citizen as of June 17, 2024,
  • No disqualifying criminal history or other issues that may constitute a threat to public safety or national security, and
  • Generally deserve a positive decision.

Additional eligibility criteria will be published in the upcoming Federal Register notice.

Further, some noncitizen children of requestors may be considered under this process. To qualify, they must be physically present in the U.S. as of June 17, 2024, without parole or admission and have a qualifying stepchild relationship to a U.S. citizen.

Timeline

The application process is not yet open. As always, ILBSG will update our readers and clients when the Federal Register notice is published with more details. Do not apply for this program prior to the August 19, 2024, date. Required forms and filing fee information will be included in the Federal Register update. Updates will be added to the Process to Promote the Unity and Stability of Families webpage as available.

Actions To Take Now

Preparation is key. Individuals who believe they will qualify based on information to date should begin gathering information and evidence of eligibility, including:

  • Proof of a legally valid marriage to a U.S. citizen as of June 17, 2024,
  • Proof of identity, including expired documents such as driver’s license or state ID, birth certification with photo ID, valid passport, or any government document showing the requestor’s name, date of birth, and photo,
  • Proof of the spouse’s U.S. citizenship, including Certificate of Naturalization, passport, or birth certificate.
  • Proof of continued presence in the U.S. for a minimum of ten years as of June 17, 2024, including rent receipts, utility bills, school records, medical records, dated bank transactions, tax returns, and others.

For noncitizen children of requestors, proof of eligibility may include:

  • Proof of the child’s relationship to the noncitizen parent, such as an adoption decree or birth certificate,
  • Proof of the noncitizen parent’s legally valid marriage to a U.S. citizen, valid as of June 17, 2024,
  • Proof of the child’s presence in the U.S. as of June 17, 2024.

This process will not open prior to August 19, 2024. U.S. Citizenship and Immigration Services (USCIS) and ILBSG strongly remind individuals should never respond to any offers of filing prior to August 19, 2024. If you are contacted by questionable users, USCIS encourages individuals to submit their information on the Report Immigration Scams webpage.

As always, if you have questions about any green card, family-based visa, or any other U.S. immigration related issue, contact us. Our clients continually rate is highly, identifying our expertise and communication. Our team of experienced attorneys work directly with our clients to ensure they get the right advice.

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