Parole in Place: USCIS Family Unity Process
Text courtesy of USCIS.gov
Parole in Place: USCIS Family Unity Process
On June 18, the Department of Homeland Security (DHS) announced actions to promote family unity in the immigration process. The announcement reflects the Biden‑Harris administration’s stated commitment to keeping families together. DHS is establishing a process to consider, on a case‑by‑case basis, requests for parole in place from certain noncitizen spouses of U.S. citizens who have lived in the United States for at least a decade. If DHS grants parole, eligible noncitizens may apply for lawful permanent residence based on their marriage to a U.S. citizen without leaving the United States.
At this time, USCIS is not accepting applications under this process. The agency plans to begin accepting applications on Aug. 19. USCIS will reject applications filed before that date. Additional details about eligibility and application procedures will appear in a forthcoming Federal Register notice.
Eligibility for Parole in Place
To be considered for a discretionary grant of parole, on a case‑by‑case basis, under this process, applicants must:
- Be present in the United States without admission or parole;
- Have been continuously present in the United States for at least 10 years as of June 17, 2024;
- Have a legally valid marriage to a U.S. citizen as of June 17, 2024;
- Not have any disqualifying criminal history or otherwise constitute a threat to national security or public safety; and
- Otherwise merit a favorable exercise of discretion.
More details about these criteria will be included in the forthcoming Federal Register notice.
Certain noncitizen children of requestors may also be considered under this process if, as of June 17, 2024, they were physically present in the United States without admission or parole and have a qualifying stepchild relationship to a U.S. citizen.
Parole in Place Timeline and Application Status
Applications cannot yet be submitted. USCIS will publish a Federal Register notice explaining eligibility, the application process, required forms, and filing fees. Applications filed before the implementation date listed in that notice will be rejected.
USCIS will post updates to the Process to Promote the Unity and Stability of Families webpage as information becomes available.
Preparing for the Parole in Place Process
Although applications are not currently being accepted, individuals may prepare by gathering evidence of eligibility, including:
- Proof of a legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate;
- Documentation verifying identity. Expired documents may be used and can include:
- A valid state or foreign driver’s license or identification;
- A birth certificate with photo identification;
- A valid passport; or
- Any government‑issued document showing the requestor’s name, date of birth, and photo.
- Evidence of the spouse’s U.S. citizenship, such as a passport, birth certificate, or Certificate of Naturalization;
- Documentation showing continuous presence in the United States for at least 10 years as of June 17, 2024.
Examples of documentation may include, but are not limited to:
- Rent receipts or utility bills;
- School records, such as letters or report cards;
- Hospital or medical records;
- Attestations of residence from religious entities, unions, or other organizations identifying the individual by name;
- Official records confirming participation in a religious ceremony;
- Money order receipts for funds sent into or out of the United States;
- Birth certificates of children born in the United States;
- Dated bank transactions;
- Automobile license receipts, titles, or registrations;
- Deeds, mortgages, or rental agreement contracts;
- Insurance policies; or
- Tax returns or tax receipts.
For noncitizen children of requestors, relevant evidence may include:
- Proof of the child’s relationship to the noncitizen parent, such as a birth certificate or adoption decree;
- Evidence of the noncitizen parent’s legally valid marriage to a U.S. citizen as of June 17, 2024; and
- Evidence of the child’s presence in the United States as of June 17, 2024.
Individuals interested in this process may consider creating or updating a myUSCIS account at my.uscis.gov.
Parole in Place and Scam Prevention
USCIS reminds the public that immigration scams are widespread. Applicants cannot apply for this process yet. Anyone offering services to file an application before the Federal Register notice is published or the process formally opens should be reported through the Report Immigration Scams webpage.
In the United States, a notario público is not authorized to provide legal services related to immigration. Only an attorney licensed to practice law in the United States or an accredited representative working for a Department of Justice‑recognized organization may provide legal advice.
Those seeking legal counsel should be cautious of individuals posing as immigration attorneys. Warning signs of unethical or fraudulent practitioners may include:
- Promises of guaranteed outcomes or money‑back guarantees.
- Predatory or threatening pricing practices.
- Requests to sign blank documents or refusal to allow document review; and
- Requests to retain a person’s signature on file.
To help avoid scams, USCIS advises:
- Do not pay for government application forms, which are free at All Forms | USCIS.
- Request a written, signed agreement describing services and retain a copy.
- Obtain copies of all prepared documents; and
- Ask for written receipts that include the provider’s name and address.
USCIS officials will not contact individuals through social media. Official communications occur only through established government channels, including secure messages to a myUSCIS account. Suspected fraud or abuse may be reported through USCIS’s online tip form.
For additional information on protecting personal information and avoiding scams, visit the Avoid Scams page.
Our Firm
Margaret Wong & Associates LLC provides legal immigration services to individuals and families seeking assistance with U.S. immigration matters, including applications and processes administered by USCIS and DHS. Those interested in obtaining legal representation for an immigration matter may find additional information on the firm’s contact page.