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Parole in Place for Spouses of U.S. Citizens.

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On Tuesday, June 18, 2024, President Biden announced his executive action permitting the immigration office (USCIS) to issue Parole in Place (PIP) to qualified undocumented immigrants who are married to United States Citizens as of June 17, 2024. PIP is a temporary right to remain in the U.S., protecting someone from deportation, and thereafter allowing someone to apply for a work permit. Once paroled into the U.S. many people, but not all, will be eligible to apply for Lawful Permanent Residency.

End of summer 2024 is when we expect the forms and process to be available.

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Important Notice

The Parole in Place program for spouses of U.S. citizens is scheduled to open at the end of summer 2024. We strongly encourage potential applicants to consult with our experts and begin preparing now to ensure they are ready to apply as soon as the program opens. Early preparation and consultation can significantly improve your chances of a successful application.

Who can apply?

  1. Have continuously resided in the United States for the past 10 years continuously - since June 17, 2014;
  2. Were physically present in the United States on June 17, 2024;  
  3. Have been legally married to a U.S. citizen as of June 17, 2024;  
  4. Entered the United States without admission or parole AND do not currently hold any lawful immigrant or nonimmigrant status;  
  5. Have not been convicted of any disqualifying criminal offense or are not a threat to national security. 
  6. The applicant warrants a favorable exercise of discretion. 

Undocumented immigrants who are married to United States citizens as of June 17, 2024, AND who have resided in the United States continuously for 10 years or more. Noncitizen stepchildren of United States citizens living in the United States as of June 17, 2024 also qualify. 

Spouses and stepchildren must be present in the United States without admission or parole.

The application will be filed with the USCIS. More details to follow soon about the date for filing, likely the end of summer 2024. 

 No, it is a discretionary decision based upon many factors, not only that the immigrant is married to a United States Citizen in good faith. Your entire immigration and criminal history are major factors in this decision. 

If PIP is approved, the USCIS will send an approval notice. That notice will explain the protection from deportation, and how long it is valid for. 

Once PIP is approved, you may apply for a work permit. 

It depends, but usually, it is a few months.  Since this is a new process this is just a guess.

 Usually a few months.  

Yes. DACA is not legal status, however, you are not eligible if you were admitted or paroled at any time, including on Advance Parole. If you returned on Advance Parole and are married to a U.S. Citizen, you are likely eligible already for adjustment of status.  

Yes for many, no for some.  It depends on many factors.  In most cases, individuals who entered the U.S. only one time without permission, and who are granted PIP are eligible to apply for their green card in the U.S.  Everyone’s case is different.  

Yes. You may not be able to apply for lawful permanent residency after you are granted PIP, but you can apply for a work permit and social security number, and likely a state driver’s license.    

Yes, you are eligible to apply for PIP and then apply for a work permit. You can continue with the 601A waiver even if you have PIP approved, or, rather, you may file for your green card in the U.S. and not leave the U.S.  

Contact a Salt Lake City Fiancé Visa Attorney at Familia America Today

Attorney Gloria Cardenas brings more than 30 years of experience in immigration law to help protect the rights of clients and their family members. She and her knowledgeable team at Familia America work diligently behind the scenes to help process fiancé visa applications as quickly as possible. To learn more, contact the legal professionals at Familia America in Salt Lake City and schedule a consultation to discuss your case.

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