On June 18, 2024, the Department of Homeland Security (DHS) announced a new process to promote family unity in the immigration system.
Who does this process help?
- Individuals present in the United States without admission or parole;
- Who have been continuously present in the United States for at least 10 years as of June 17, 2024; and
- Who have a legally valid marriage to a U.S. citizen as of June 17, 2024
It is important to note that non-citizen children of spouses granted parole are also eligible as long as they have a qualifying parent-stepchild relationship (marriage took place before the child’s 18th birthday).
Because this is a discretionary process that is decided on a case-by-case basis, individuals must also:
- Have no disqualifying criminal convictions
- Not pose a threat to public safety or national security
- Be otherwise eligible for adjustment of status
- Merit a favorable exercise of discretion
USCIS will also take into consideration the individual’s previous immigration history and any other relevant information requested by USCIS.
It is important to note that individuals currently in removal proceedings (immigration court) are eligible to apply under this program unless they are an enforcement priority as defined under the Guidelines for Enforcement of Civil Immigration Law issued by Secretary Mayorkas in September of 2021.
What does this program do?
It gives eligible individuals parole for a period of three years. This parole would allow these individuals to apply for adjustment of status (a green card) without leaving the U.S. It also allows individuals to apply for a work permit that will be valid for the period of their parole.
When will this process start?
We do not know for sure. Per the USCIS website this process is expected to begin later this summer. More information about the process, such as the required fees, the required documentation and other important information will be published in the Federal Register in the near future. It is important to note that USCIS will reject any application received prior to this.
Remember, the program can also be legally challenged which could impact its implementation.
How can I prepare?
As of now, the best way to prepare is to make sure you begin collecting evidence such as:
- Documents that show you have been living in the US for the last 10 years such as electric/water/cable bills, paystubs, medical records, school records, taxes, etc.
- Documents that show you have a legally valid marriage to a U.S. citizen as of June 17, 2024. This would include your marriage certificate as well as any divorce decrees for both yourself and your spouse.
- Evidence of additional favorable discretionary factors that you want USCIS to take into consideration. This could include things such as letters of support for your church, proof of involvement in the community, etc.
If you have had contact with law enforcement or immigration, now is the time to consult with an immigration attorney or an accredited representative that is working for a Department of Justice (DOJ) recognized organization.
PROTECT YOURSELF FROM IMMIGRATION SCAMS
Remember, as of the date of this blog there is NO way to apply for this process.
Make sure that you are getting legal advice from an attorney or accredited representative that is working for a Department of Justice (DOJ) recognized organization. Remember that in the US notaries are not authorized to give you legal advice.
There have been a lot of scams of people posing as USCIS officers. Please remember that USCIS will not contact you through any social media platform. In addition, USCIS does not take payments via Zelle/Venmo, PayPal, Western Union, Money Gram or gift cards. USCIS will also never ask you to make a payment via phone or email.
If you have any questions, please contact our office at 727-471-0677.