New York Lawyer's Legal Updates

Parole In Place: New Executive Order

Author: Alena Shautsova

Parole In Place

On June 18th, 2024 President Biden announced a new executive order allowing certain noncitizens who previously entered the United States without inspection or parole to be paroled in place. After an individual receives parole in place they can satisfy the requirement of “paroled” for adjustment of status purposes. This in turn helps such an individual to qualify for lawful permanent residence or a green card based on a petition by their US citizen spouse. As a result, the beneficiary will avoid cancellation of removal proceedings, and/or I 601A waiver route which are both risky and lengthy.

This order is aiming to help those who can meet the following criteria:

  1. they have to be physically present in the United States;
  2. they have to be married to a U.S. citizen as of June 17th, 2024 (this date may change)
  3. the marriage has to be a legal marriage (no common-law marriage is accepted unless it is legally recognized)
  4. they should pass criminal background checks
  5. they have to show that they've been residing in the United States for 10 years
  6. Eligible individuals will also be able to file for parole in place for their children under 21 years old

These are the qualifications known to date. The qualifications may change slightly by the time the new rule is published in the Federal Registry.

It is announced that applicants will be able to submit their cases to Immigration authorities by the end of the summer.

Those who are or have been in removal proceedings most likely will have to request termination/dismissal of such proceedings prior to applying for this new Parole In Place unless the administration will specifically authorize ICE to handle PIP applications as well.

One should prepare their application as soon as possible, to make sure it is ready to be filed when the window for filings opens up.

Typically, for a prole-in-place application, one would have to have the following documents:

  1. A copy of the birth certificate with a translation
  2. A copy of the marriage certificate
  3. Documents proving 10 years of residence in the USA
  4. A copy of the background checks
  5. Documents confirming the termination of all prior marriages, if any
  6. Copies of birth certificates for the children
  7. Any documents related to the previous removal proceedings, if any

Note: parole in place is not to cure Immigration fraud/ misrepresentation, claim of US citizenship, permanent bar, or criminal grounds of inadmissibility. It is not for parents of US citizens (currently PIP is available for those parents whose children are in the military, former or present ).

Note that once one's parole in place is approved, he/she qualifies for a work permit and a social security card.

To discuss your situation and see if this relief will help you, reserve your appointment with Alena Shautsova here

You can also call our office at 917 885 2261

19 June 2024
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