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  • Writer's pictureLissette Gomez

Parole in Place for spouses of U.S. Citizens

Who is eligible for President Biden's new Parole in Place program?

You may be eligible if you:

1.    Are in unlawful status

2.    Are married to U.S. citizen as of June 17, 2024

3.    Have been physically present in the United States for 10 years as of June 17, 2024

4.    do not have a criminal record


Can I apply now?

No, USCIS must first publish the rules and the application forms before you can apply. We think the program will open at the end of the summer of 2024.

 

If I am granted parole in place through this program how do I then become a permanent resident?

When approved you will be given a 3 year parole status.  With the legal status of parole in place you can then apply for permanent residency at your local USCIS office.  If you choose to wait before applying for residency the parole in place status on its own will allow you to apply for work authorization.

 

What if I already submitted the I-601-A waiver and it is pending or approved?

If you are granted parole in place through this program you will no longer need the waiver or have to leave the country for consular processing. In my opinion it is always better to legalize your status in the United states without having to leave. Consular processing has become increasingly risky as consular officers look for new and novel ways to deny cases. So if your waiver is pending or approved it is not a problem to apply for the program and switch course.

 

What if I have been arrested by the police in the past?

It is unclear at this point if anyone with a criminal history will be eligible. Other programs have allowed applicants with one misdemeanor to apply for benefits. I am confident that if you have been convicted of a felony you will not be eligible for this program.

To be prepared you should have certified copies of the final disposition of any arrest you have had. This includes dismissed cases, cases where you and convicted and sentenced, and cases Where you received post-conviction relief.

 

What if I was arrested at the border or deported by an immigration judge?

It is not clear what the effect of one’s immigration history will have on eligibility. To be prepared you should have a copy of your complete immigration file so that the attorney can assess your eligibility quickly once the program begins.

 

What can I do now to be ready to apply?

You can start gathering evidence that you were in the United States since June 2014. Some examples are:

·         FEDERAL Tax Returns (not California) with W2 forms

·         Pay stubs

·         Bank statements

·         Any other document that has your name and a date

·         School records

 

TIPS for document organization

·         Organize your documents by year

·         Try to provide one document per month for each year (twelve documents for the calendar year

·         If you are missing a few months, don’t worry

·         Do not provide more than one document for a specific month of a year (example:  if you have a paystub for a date in June 2023 that will satisfy the entire month)

 

 

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