On August 19th, 2024 U.S.C.I.S. announced more details about the Biden Administration’s ongoing effort to reform the immigration system and reduce the hardships faced by families with mixed immigration status, a new program will take effect which may allow families to stay together.

The New Parole in Place Process

The program may allow certain undocumented spouses and stepchildren (under 21) of U.S. citizens, who have been continuously present in the U.S. for at least 10 years, to apply for adjustment of status — which could lead to a Green Card / Residency — and they won’t have to leave the country to do it. Previously, many individuals in this situation were forced to return to their home countries for consular processing, risking separation from their families. Now, they can pursue legal residency while staying with their loved ones.

Who Is Eligible?

To qualify for this process, you need to meet the following criteria:

✅ Legally Married: Have a legally valid marriage to a U.S. citizen as of June 17, 2024.
✅ Stepchild: Be a noncitizen stepchild of a U.S. Citizen and have been under the age of 21 and unmarried as of June 17, 2024.
✅ Continuous Presence: You must have been in the U.S. for at least 10 years as of June 17, 2024, without lawful admission or parole.
✅ Good Moral Character: No disqualifying criminal record and not pose any threat to national security or public safety, and you must pass background checks.

Why This Matters

This change could potentially affect around 500,000 non-citizen spouses of U.S. citizens, many of whom have lived in the U.S. for an average of 23 years. It’s a lifeline for families who have been in legal limbo for years, and it reduces the painful risk of family separation that often comes with consular processing. Additionally, non-citizen stepchildren (under 21) of these spouses may also be eligible for the same program, potentially allowing those children to adjust their status as well.

What Happens Next?

USCIS will handle each case individually, considering whether the applicant qualifies for permanent residency under this new process. It’s important to note that any applications submitted before the official Federal Register notice won’t be accepted.