New Parole In Place Program: Eligibility and Common Questions
In June 2024 the Department of Homeland Security (DHS) announced a new process called “Process to Promote the Unity and Stability of Families.” The purpose of this program is to promote unity and stability of families by creating a streamlined process for certain individuals to obtain their green card. DHS estimates that approximately 500,000 noncitizen spouses could be eligible.
What is Parole?
Parole in the context of immigration is temporary permission granted by DHS to allow a non-citizen to enter or remain in the United States. It's essentially a discretionary decision made on a case-by-case basis. Persons may be paroled into U.S. for “urgent humanitarian reasons” or “significant public benefit.” See INA §212(d)(5)(A).
What is Parole in Place?
Parole typically occurs when someone is seeking admission into the United States. This is most common when someone approaches a United States border officer and seeks asylum at the border. In scenarios where individuals are physically trying to enter the United States and seek asylum, these individuals are commonly paroled into the United States if they have a credible fear of being harmed in their country.
Parole in Place takes the same legal concept of parole, but it applies to individuals who are already in the United States. That is why it is called “Parole In Place” because the person remains in place in the United States. Historically, there has been a widely successful program called “Military Parole in Place” and the new Parole In Place Program for spouses of US Citizens is modeled after military parole in place.
How is the New Process Similar to Military Parole In Place?
Military Parole in Place is a specific type of parole granted to certain family members of active-duty or former U.S. military personnel. Military parole in place allows immediate family members of military members to obtain green cards through a simplified process.
The new parole program is modeled after that.
Why is Parole In Place Helpful?
In order to obtain a green card in the United States through a process known as “adjustment of status,” several requirements must be met. In addition to having a US citizen spouse, individuals seeking adjustment of status must have entered the United States “with inspection.” This means that the person must have entered the United States with a visa. If you did not enter the United States with a visa, you would not be eligible. This is because the laws relating to adjustment of status under INA section 245(a) require the person be “inspected and admitted or paroled”. This is where this program helps.
Previously, individuals who entered the United States without inspection were required to go through a lengthy process to obtain their green cards. Typically, this began with their spouse filing an I-130 petition. After a long processing time and only after the I-130 is approved, the spouse was then required to file a provisional waiver, commonly referred to as an I-601A waiver. The I-601A waiver is filed to excuse that individual’s unlawful presence, and is a complex filing that requires extensive documentation to show that the US citizen or lawful permanent resident spouse would suffer an “extreme hardship” if the waiver was not approved. The I-601A also has a very long processing time. Only after the waiver is approved, additional documents and information are sent to the National Visa Center, and finally, the individual then goes in line for an interview at a foreign consulate or embassy, such as Ciudad Juárez for Mexican nationals.
This is typically a years long process that requires considerable legal expense and patience. The process is also filled with a lot of anxiety, because individuals are asked to depart the United States and attend an interview at a foreign embassy with no guarantee that they would return to their families in the United States.
This new parole-in-place program eliminates most of this. Because the person has obtained parole, the person is now eligible for adjustment of status. There no longer is a need for waivers or preparing to exit the country for a consular interview. Parole in place, for many individuals, is like magic.
What Are the Requirements?
To be eligible for the parole in place program, you must:
- Have entered the United States “without inspection” (also known as EWI entry);
- Be continuously present in the United States for at least ten years as of June 17, 2024;
- Be married to a U.S. citizen as of June 17, 2024 or be the step-child of a US citizen;
- Not have any disqualifying criminal history or be a threat to national security; and
- Otherwise merit a favorable exercise of discretion.
If you entered the United States with a Visa
If you entered the United States with a visa, you do not meet the first requirement of the program. Regardless, for individuals who entered the United States legally, such as with a visa or another form of parole (advance parole), you do not need parole. You should discuss your case with an immigration attorney because you may already be eligible for adjustment of status.
Continuous Physical Presence
It is important to note that the program requires ten years of physical presence going back to June 2014. If you were not living in the United States by June 17, 2014, you would not be eligible. If you were physically present in the United States for ten years, you will need to prove this. If you have absences during the past ten years, such as leaving the United States for a short period of time, it is very important to discuss this with your immigration attorney, as it may pose other problems.
How do I Prove I have Been Living in the United States for Ten Years?
Proving your physical presence over the last ten years can be a daunting challenge, but it is not impossible. Some examples of evidence that help prove your physical presence, include, but are not limited to:
- Rental Agreements
- Utility bills
- School records (transcripts, attendance, yearbook)
- Hospital records
- Records for doctors or other medical records
- Cell phone bills
- Gym Membership
- Costco Membership
- Religious records
- Proof of sending money by you from the United States (Western Union, etc.)
- Evidence of family in the United States, such as marriage certificate or children’s birth certificates
- Bank statements
- DMV records
- Insurance policies
- Tax Filings
- Employment Records – even if you worked without authorization.
- Affidavits from friends or family
- Photos of you living in the United States cover a long period of time
Legally Valid Marriage
It is important to note that you must have been married to your US citizen spouse on or before June 17, 2024. If you were not married by this date, you would not be eligible.
At this time, it does not appear that domestic partnerships would satisfy this requirement. If you were living separate from your spouse, but still legally married, you would be eligible for this process.
If you are not legally married, but live in a state where common law marriage is recognized, your relationship can be considered a marriage for purposes of immigration.
No Disqualifying Criminal History
At this point, it is unclear what this program considers “disqualifying criminal history,” however, we have a good idea from current immigration regulations. Under current immigration laws, it is not required that you have no criminal history. Some crimes are worse than others. A person who wants to become a permanent resident of the United States must be “admissible” to the United States, and determining this can be highly complicated.
As it relates to criminal history, the person must not have been convicted of a “crime involving moral turpitude.” This typically includes crimes involving theft, violence, dishonesty and drug use. However, certain crimes or offenses may be excused through something called the “petty offense exception.” It is also important to note that unlike DACA, where “significant misdemeanors” such as a DUI are disqualifying, the requirements for parole appear to be different.
In determining whether a criminal conviction is problematic, USCIS has outlined the following factors:
- Receny of the conviction
- Age at the time of conviction
- Sentence imposed
- Nature of the conviction
- Existence of a mental or physical condition
- Military service
- Impact on other family members.
Therefore, it is entirely possible that even if you have a criminal conviction, you may still be eligible for this program. However, if you have any criminal history, it is important to discuss your case with an immigration attorney who understands the immigration consequences of criminal convictions.
Frequently Asked Questions
What Happens After I Obtain Parole?
Once you apply for and are approved for parole-in-place, you will receive a document showing that you are now legally considered “paroled.” Upon a grant of parole in place, you will receive a Form I-797, Notice of Action, and a Form I-94, Arrival/Departure Record. As part of this process, you are eligible for an employment authorization document (EAD) for three years, and will obtain a social security number if you do not already have one.
Once I am granted Parole, can I leave the United States and Return?
At this time, it is unclear whether an individual granted parole is eligible to apply for advance parole. Advance parole is permission to leave and return to the United States. You should not depart the United States until you have discussed your case with an attorney, because traveling outside the United States can severely impact your immigration process.
When can I apply for a green card?
Following a grant of parole, you should immediately seek adjustment of status. Adjustment of status is the process in which you obtain your green card. In applying for adjustment of status, you can also seek work authorization and travel authorization. Many cases may be scheduled for an interview in the United States in conjunction with their adjustment of status application.
I have an arrest or conviction. Am I eligible for this parole process?
The parole program requires “no disqualifying criminal history.” As discussed above, we do not believe that this means that no crimes be committed, but only certain types of crimes. Felonies will make you ineligible. Regardless, you should obtain certified court dispositions (or minute orders) for your case and have your immigration attorney review it to determine your eligibility.
You should be especially careful if you have a conviction for crimes involving violence, theft or drug use. Even expunged convictions can be problematic, and you should discuss your entire criminal history with your immigration attorney, even if the incidents were many years ago and even if they occurred when you were a minor. Prior gang involvement is also problematic.
I am currently in removal proceedings. Am I eligible for this parole process?
If you are currently in removal or deportation proceedings, and are otherwise eligible for parole, you are not only eligible for the parole process but you are eligible to terminate your proceedings. Under 8 CFR section1003.18(d) a deportation case can be terminated if “The noncitizen is prima facie eligible for naturalization, relief from removal, or lawful status.” Because parole is relief from removal, you are eligible to have your removal proceedings terminated. USCIS will consider the following factors in determing parole if you are in active removal proceedings:
- Advanced or young age
- Length of time in the USA
- Status as a parent or caregiver of a US citizen child or elderly parent in-law
- Physical or mental condition needing care
- Status as a victim of crime
- Other positive factors
I have an Administratively Closed Immigration Court Matter. Am I eligible for this parole process?
A case that is administratively closed in immigration court means that your deportation case is “alive” but “sleeping.” It essentially means your immigration court case was paused. If you have an administratively closed immigration court matter, you are eligible for the parole process. As part of this parole process, you should seek to terminate your removal proceedings. It is important to discuss your immigration history with an immigration attorney in these circumstances.
I was previously told I have a permanent bar. Am I eligible for this parole process?
It is important to note that the new parole process is not a law, it is an executive order. This means that none of our previous immigration laws have changed. Therefore, if you have previously triggered the permanent bar under 212(a)(9)(c), you remain ineligible. The permanent bar is commonly triggered by multiple entries and exits from the United States without inspection, or entering the United States after a prior removal or deportation. It is important to discuss your immigration history with an immigration attorney to determine whether you are subject to the permanent bar.
I was previously deported from the United States. Am I eligible for this parole process?
It depends, and many things are unclear. If you were previously deported from the United States, physically departed, and then re-entered the United States without inspection or permission, you are not eligible.
However, if you were placed in removal proceedings and were ordered deported, or you agreed to voluntary departure, but you did not depart the United States, also known as an unexecuted removal order, you may be eligible. Although still unclear, it may be possible to use the parole process to your benefit, and then file a motion to reopen the removal order in immigration court. This is a complex process and requires the assistance of a highly skilled immigration attorney who handles deportation and removal cases, and one who specifically handles motions to reopen.
In determining whether the parole process can assist you obtain permanent residency, USCIS will consider the following factors:
- Lack of proper notice of the immigration court proceedings
- Age at the time the removal order
- Ineffective assistance of counsel or being the victim of fraud in connection with immigration representation
- Other extenuating factors
I have an in absentia removal order. Am I eligible for this parole process?
An in absentia removal order means that you were ordered removed in your absence. This typically happens when you miss your court hearing. In these circumstances, you may be eligible for the parole process, but more information is needed. For example, if you missed your hearing because you did not receive proper notice, or missed the hearing for “good cause” you may still be eligible. The same factors outlined above will be considered.
I previously lied or made a misrepresentation to the US government. Am I eligible for this parole process?
It appears that at least for the first part of this program – parole, you may be eligible, although this issue could come up under discretionary considerations. Assuming you are granted parole, during the second stage when you seek adjustment of status, you will need to disclose the misrepresentation and seek a waiver for the misrepresentation. Regardless, it is important to discuss this with your immigration attorney.
I Have Used Public Benefits. Am I eligible for this parole process?
There is no disqualification for the parole process if you or your family used public benefits. Generally, the issue of “public charge” may come up later in your application for adjustment of status. But for purposes of parole, current use or past use of public benefits should not be a problem.
I have an asylum case pending. Am I eligible for this parole process?
There is nothing that prohibits you from pursuing multiple immigration pathways. If you previously filed for asylum and your asylum case remains pending, you are eligible for this parole process, assuming all other requirements are met.
I have a U-visa case pending. Am I eligible for this process?
If you previously filed for a U visa, you are able to apply for the parole process as long as you are eligible. A pending U visa does not affect your eligibility for parole. It is important to discuss the strengths of your U-visa case and the remaining processing time before deciding to pursue the parole program, because it may not make sense to pursue parole depending on where you are in your U-visa process.
I have an I-601A Waiver Pending or Approved. Am I eligible for this process?
As discussed above, the parole process is meant to remove the requirement of the I-601A waiver. This benefits individuals who did not enter the country legally, but are married to US citizens, from needing to wait many years for their waiver to be approved.
From a timing perspective, however, it may be beneficial to continue to pursue your I-601A case. For example, if your I-601A waiver is already approved and you are waiting for an interview, it would be quicker to attend your interview and obtain your residency through consular processing. However, if your I-601A is still pending and your attorney expects it to remain pending for some time, it may be better to pursue the parole program.
In some scenarios, you may be especially nervous about leaving the United States for a consular interview, or you may have some issues in your immigration history that make it inadvisable to depart the United States for a consular interview. In these situations, it is better to pursue the parole process.
Regardless, for many individuals it is advisable to continue whichever processes you have initiated and pursue parole as well, thereby keeping all options on the table in case there are changes to the parole program.
Is the Parole Process a New Law?
The new parole in place process is not a new law. It was formed by executive order, which is an announcement by the President. As part of this executive order, the parole process went through a 60-day notice and comment period and the process was formalized into federal regulations. However, because this program was enacted through executive action, and not made into law by the Congress, it can easily be changed by a new President or challenged in court. Therefore, it is entirely possible that a new presidential administration may cancel or change this policy.
What Will Happen if the Parole Process is Cancelled Later?
It is unclear what will happen if a new presidential administration changes or cancels the parole process. Therefore, it is advisable that anyone pursuing the parole process understand that initiating the process does not guarantee a specific outcome. There is uncertainty associated with this process, and you should be aware that politics plays a big role in the policies underlying this program.
What if My Spouse is a Permanent Resident and Not a Citizen?
At this time, it appears that your spouse must be a US citizen on June 14, 2024 for you to be eligible. If your spouse subsequently becomes a US citizen, it appears you would remain ineligible, although we expect this to be challenged.
Conclusion
The new parole in place program offers immigrants a streamlined way to obtain their green card in the United States without going through a lengthy waiver process or needing to depart the country for a consular interview. However, not everyone is eligible. If you believe you are eligible or have concerns about your immigration case, you should discuss them with an immigration attorney.