On June 18, 2024, President Biden announced a new parole program for those married to United States Citizens. USCIS has provided further information regarding eligibility for this program and the process for obtaining parole.

Parole is an essential element for those married to U.S. Citizens to apply for a Lawful Permanent Residency (Green Card) in the United States. Those who entered the country via the border or EWI’d (entered without inspection) are required to return to their home country to consular process to obtain their Green Card. This program will allow immigrants who meet specific requirements to be paroled here in the United States without having to leave the country and become eligible to adjust their status to that of a Lawful Permanent Resident (Green Card).

Currently, the requirements for this parole program are:

The immigrant must be present in the United States without admission or parole
The immigrant must have been living in the United States for at least 10 years prior to June 17, 2024
The immigrant must have been legally married to a U.S. Citizen prior to June 17, 2024

Those with children who were not paroled or entered without inspection are also eligible for this program so long as they are step-children of the US Citizen Spouse. Once parole is granted, the parole period is valid for up to three (3) years.

Although the final rules and regulations relating to what documents, information, fees, and applications will be necessary to apply for this program have not been released via the Federal Registrar, eligible candidates should work on gathering the following documentation:

Documents to show that they have been residing in the United States for at least ten (10) years prior to June 17, 2024. This includes, but is not limited to, tax returns, bank statements, lease agreements, etc.
Evidence of a legal valid marriage to a U.S. Citizen prior to June 17, 2024. This includes the marriage certificate to their current U.S. Citizen spouse, as well as marriage termination documents for any prior marriages for both the intending immigrant and U.S. Citizen spouse. Termination documents include past divorce judgments, annulment judgements, and death certificates for their prior spouses.
Evidence of additional favorable discretionary factors that the applicant would like USCIS to consider. We expect these documents to relate to evidence of the applicant’s good moral character and community ties. Good moral character documents can include certified dispositions for any prior criminal charges, tax return filings, diplomas/certificates, etc. Evidence of community ties include birth certificates for U.S. Citizen children, membership in clubs/groups in the United States, prior school records, etc.

Those who believe they may be eligible for this program should discuss their matter with an Immigration Attorney to determine if there are any other inadmissibility issues that may prevent them from qualifying for this program. Certain issues, such as prior criminal convictions, multiple entries, or prior deportation orders would not only make such individuals ineligible for the program but could also lead to serious consequences such as detention and deportation.

Further details relating to this program will be available upon filing of the Federal Register Notice. To find out if you are eligible for this program or any other immigration benefits, you can contact Tourzani & Long, LLC at (201) 987-0036 to schedule a consultation.

Should you have any questions regarding the foregoing, please contact me via email at [email protected] or contact our office at (201) 987-0036.