New Parole in Place Rules Go Into Effect for Citizen/Foreign National Marriages

In July, we wrote about the Department of Homeland Security’s proposed “Parole in Place” program that would allow eligible foreign nationals married to U.S. citizens to receive temporary protections including work permits and apply to become a lawful permanent resident without having to leave the country and go through an extended period of separation.

That proposed change is now in effect, so foreign national spouses of U.S. citizens who think they might be eligible for parole in place should consult with an experienced immigration attorney to see how the change might affect them.

Eligible spouses meet the following criteria. They

• Have continuously resided in the United States since June 17, 2014
• Were physically present in the United States on June 17, 2024
• Have been legally married to a U.S. citizen as of June 17, 2024
• Entered the United States without admission or parole and do not currently hold any lawful immigrant or nonimmigrant status
• Have not been convicted of any disqualifying criminal offense
• Do not pose a threat to national security or public safety
• Merit a favorable exercise of discretion

Until now, foreign nationals married to U.S. citizens who wished to become legal permanent residents complete with work authorization had to leave the country while they petitioned for the status change. As of April 2024, that process took three and a half years, and it has taken much longer. 

According to the American Immigration Council, “The White House estimates that approximately 500,000 spouses of U.S. citizens will meet these criteria and will thus be eligible to apply for the new parole program. Additionally, children of applicants who are stepchildren of U.S. citizens will also be eligible for parole with their parents, adding 50,000 more potential beneficiaries.”

The Department of Homeland Security has posted Form I-131F to apply (as well as a guide to filling it out). If you have any questions, we recommend consulting with an experienced immigration attorney. 

Photo by Sir Manuel on Unsplash.