We are pleased to announce that the United States Citizenship and Immigration Services (USCIS) will begin accepting applications for the Biden-Harris administration’s newly announced and highly anticipated executive action starting on August 19th. This initiative provides a valuable opportunity for individuals who meet specific criteria to adjust their immigration status, thereby making significant progress toward achieving legal residency in the United States. The new executive action aims to bring much-needed relief and support to those who have been living in the shadows, enabling them to secure a more stable and secure future for themselves and their families.
The Department of Homeland Security (DHS) is establishing a process to consider requests for parole in place from certain noncitizen spouses of U.S. citizens who have been in the U.S. for at least a decade. If parole is granted, eligible noncitizens can apply for lawful permanent residence based on their marriage to a U.S. citizen without having to leave the United States. Additionally, certain noncitizen children of requestors may be considered 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.
Eligibility Requirements
Applicants must meet the following criteria:
Presence in the United States: Applicants must be present in the United States without admission or parole.
Continuous Presence: Applicants must have been continuously present in the United States for at least 10 years as of June 17, 2024.
Marriage to a U.S. Citizen: Applicants must have a legally valid marriage to a U.S. citizen as of June 17, 2024.
Criminal and Security Background: Applicants must not have any disqualifying criminal history or otherwise constitute a threat to national security or public safety.
Favorable Exercise of Discretion: Applicants must otherwise merit a favorable exercise of discretion.
Please note that USCIS is NOT currently accepting applications under this process. They have repeatedly stated that any applications filed BEFORE August 19th will be immediately rejected. In the upcoming weeks, USCIS will publish a Federal Register notice providing details on the forms to be used, filing fees, and the process timeline. If you believe you meet these requirements and are interested in preparing to apply under this process, please schedule a consultation with one of our attorneys. We look forward to helping you navigate this process and achieve your immigration goals.
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