Parole-in-Place for Noncitizen Spouses of U.S. Citizens in Long Island, NY: A Path to Family Unity

Understanding the New DHS Process for Noncitizen Spouses

In a significant move to support family unity and stability, the Department of Homeland Security (DHS) has introduced a new process, effective from June 18, 2024, that allows certain noncitizen spouses of U.S. citizens to apply for “parole-in-place.” This process is a game-changer for noncitizen spouses who wish to remain in the United States while seeking lawful permanent residence, without the need to leave the country and undergo processing at a U.S. consulate overseas.

Understanding Parole: Temporary Permission for Inadmissible Individuals

Parole is a temporary permission granted to individuals who may be inadmissible or otherwise ineligible for formal admission into the United States. Under the Immigration and Nationality Act (INA), the Secretary of Homeland Security has the discretion to grant parole for urgent humanitarian reasons or significant public benefit. While on parole, noncitizens can apply for work authorization, allowing them to legally work in the U.S. as long as their parole status is valid.

Key Requirements for Parole-in-Place as a Noncitizen Spouse

To qualify for parole-in-place as a noncitizen spouse of a U.S. citizen, the following conditions must be met:

• Presence in the U.S. without admission or parole: The applicant must not currently hold any lawful immigrant or nonimmigrant status.
• Continuous residence since June 17, 2014: The applicant must have resided in the U.S. continuously since this date.
• Physical presence on June 17, 2024: The applicant must have been physically present in the U.S. on this date.
• Marriage before June 17, 2024: The applicant must have been legally married to a U.S. citizen before this date.
• Clean criminal record: The applicant must not have been convicted of any disqualifying criminal offense.
• National security and public safety: The applicant must not pose a threat to national security or public safety and must undergo biometrics and background checks.
• Favorable exercise of discretion: The applicant must merit a favorable exercise of discretion by the DHS.

Eligibility Considerations for Noncitizen Stepchildren

The DHS has also outlined specific eligibility criteria for noncitizen stepchildren of U.S. citizens to apply for parole-in-place. These include being under the age of 21 and unmarried as of June 17, 2024, among other requirements similar to those for noncitizen spouses.

Limitations and Ineligibility

It is important to note that parole-in-place is only available to individuals who are considered “applicants for admission” under the INA. Noncitizens who last entered the U.S. on a valid nonimmigrant visa or who were admitted in another status but overstayed their authorized period are not eligible for parole-in-place. However, those who have previously been inspected and admitted may still be eligible for adjustment of status as immediate relatives of U.S. citizens.

Special Cases: DACA and TPS Holders

Current DACA recipients and TPS beneficiaries may request parole-in-place under this new process if they meet the eligibility criteria. However, those who have re-entered the U.S. with a TPS Travel Authorization Document or an Advance Parole Document are not eligible.

Employment Authorization for Parole-in-Place Beneficiaries

Noncitizens whose parole-in-place applications are approved are eligible to apply for an Employment Authorization Document (EAD). This allows them to work legally in the U.S. during their parole period.

How Roche Law Group Can Help

As experienced immigration attorneys based in Long Island, NY, we are here to guide you through this new process. Our dedicated team understands the complexities of immigration law and is committed to helping noncitizen spouses and stepchildren of U.S. citizens navigate the parole-in-place process successfully. We will work closely with you to ensure that your application is complete, accurate, and compelling, increasing your chances of approval.

Contact Our Law Firm Today

If you or a loved one is a noncitizen spouse or stepchild of a U.S. citizen in Long Island, NY, and you believe you may qualify for parole-in-place, contact us today. Our team is ready to provide the expert legal support you need to keep your family together. Call us to schedule a consultation and take the first step towards securing your future in the United States.