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Parole Process
The Department of Homeland Security (DHS) announced a new initiative on June 18, 2024, to promote family unity within the immigration system. This program aligns with the ongoing commitment to keeping families together. While it utilizes existing authorities, comprehensive reform still requires Congressional action.
Currently, noncitizen spouses of U.S. citizens can apply for permanent residency through marriage. However, the process often forces them to leave the U.S. and wait abroad, leading to prolonged and stressful separations. This new parole process aims to address this hardship.
DHS will consider applications on a case-by-case basis for noncitizen spouses who:
- Have been married to a U.S. citizen for at least ten years (as of June 17, 2024).
- Have resided continuously in the U.S. for at least ten years (as of June 17, 2024).
- Don’t pose a threat to national security or public safety.
- Are eligible for adjustment of status.
- Warrant a favorable exercise of discretion by DHS.
If granted temporary parole, these spouses can apply for permanent residency without leaving the country. DHS estimates this could benefit roughly 500,000 spouses who have lived in the U.S. for an average of 23 years. Additionally, approximately 50,000 children of these spouses may also qualify.
However, national security and public safety remain top priorities. Any noncitizen posing a threat will be detained, removed, or referred to other agencies for further investigation or prosecution.
This initiative builds upon existing efforts, such as family reunification permits for specific countries. It aims to modernize the immigration system and ease the burden on families. Other parole processes exist currently, such as parole in advance or parole in place. These measures, along with the implementation of family reunification permit processes for citizens of Colombia, El Salvador, Guatemala, Honduras, and Ecuador, seek to update and modernize family reunification permit processes.
If you need more information about the parole process, the immigration attorneys at One People Law can help.
Eligibility and Application Process:
To be considered for parole, applicants must meet specific criteria:
- Be physically present in the U.S. without admission or a temporary permit.
- Have continuous U.S. presence for at least ten years (as of June 17, 2024).
- Have a valid legal marriage to a U.S. citizen (as of June 17, 2024).
Additionally, they must:
- Lack of criminal records.
- Not pose a threat to national security or public safety.
- Be deemed deserving of parole by DHS.
Disqualifying criminal records include those that legally bar permanent residency and those that, at DHS discretion, warrant disqualification.
Non-citizen children of potential applicants may also qualify for parole if they:
- Are physically present in the U.S. without admission or parole.
- Have a qualifying stepchild relationship with a U.S. citizen (established on or after December 17, 2023).
The application process involves submitting a form with supporting documents to USCIS, along with a fee. Detailed information about eligibility and the application process will be published soon in the Federal Register. USCIS won’t accept applications before the official application period begins later this summer.
USCIS will thoroughly review each application on a case-by-case basis, considering factors like prior immigration history, criminal records, background check results, and national security/public safety investigations. They have robust processes in place to detect and prevent fraud, ensuring program integrity.
This new DHS program offers a significant step towards promoting family unity within the immigration system. It provides relief to many families facing separation and offers a more streamlined path to permanent residency for eligible spouses. While comprehensive reform requires Congressional action, this initiative demonstrates ongoing efforts to address the challenges faced by families in the immigration process.
Get Ready for the New Parole Process
The U.S. Citizenship and Immigration Services (USCIS) will soon release details on applying for the new parole program. This includes forms, fees, and supporting documents needed. Watch for a Federal Register Notice later this summer for the official application start date.
USCIS won’t accept early applications. This applies to paper, electronic filings, and in-person requests.
What to Expect:
- Parole is granted on a case-by-case basis, lasting up to 3 years.
- Use this time to apply for permanent residency (Form I-485) and potentially Form I-130 (if needed).
- The aim is to have a pending or completed adjustment application by the end of the parole period.
Preparing Now:
While waiting for application details, gather evidence like:- Proof of continuous U.S. presence for 10+ years (as of June 17, 2024).
- Documentation of a valid marriage to a U.S. citizen (as of June 17, 2024).
- Additional positive factors for USCIS to consider (optional).
Biometrics:
USCIS will require fingerprints and other biometrics for security checks. More information on this will be provided later. this.Possible Complications and Risks
The new parole program offers a glimmer of hope for long-separated families. However, potential applicants should be aware of some complexities and risks.
Uncertainty and Discretion: The program’s case-by-case nature creates uncertainty. Families already facing anxiety could have applications denied, adding further stress.
Fraud Risk: While USCIS vows to fight fraud, errors can still occur. It’s crucial to gather strong evidence and seek legal guidance.
National Security Concerns: The program excludes threats to national security, but determining “threats” can be subjective. Fair and thorough background checks are essential to avoid harming innocent families.
Seek Legal Help: The complexities of this program make it crucial to consult an immigration attorney. Legal guidance can help families understand their options, navigate the application for this parole process, and maximize their chances of success.
One People Law: Your Trusted Partner
While this new legal initiative is positive, its recent implementation presents unique challenges. Experienced legal counsel from One People Law can make a significant difference.
Our expertise lies in crafting compelling applications tailored to each family’s unique situation. We consider every detail, from family history to military service records, to build a strong case.
With extensive experience in immigration law, our team understands the intricacies of obtaining parole status. We provide step-by-step guidance, ensuring families are fully prepared at every stage.
Our personalized approach recognizes the emotional stakes involved. We go beyond technical requirements, fighting diligently for each client’s success.
Reach out to us at (954) 727-5585 today. Our Orlando business visa attorneys are always available for you.
Our services are available in English, Haitian Creole, Spanish, and Portuguese.
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