On Tuesday, June 18, 2024, the Biden Administration announced that the Department of Homeland Security (DHS) will allow certain noncitizen spouses & children of U.S. citizens to apply for a green card without having to leave the U.S.  if they have lived in the U.S. for 10 years or longer, do not pose a threat to public safety or national security, are otherwise eligible to obtain a green card in the U.S. and merit a favorable exercise of discretion.  DHS estimates that approximately 500,000 people who, on average, have lived in the U.S. for 23 years, could benefit from this process. 

To be considered on a case-by-case basis for this process, an individual must:  

• Be present in the United States without admission or parole;

• Have been continuously present in the United States for at least 10 years as of June 17, 2024; and

• Have a legally valid marriage to a U.S. citizen as of June 17, 2024.

In addition, individuals must have no disqualifying criminal history or otherwise constitute a threat to national security or public safety and should otherwise merit a favorable exercise of discretion. Noncitizen children of potential requestors may also be considered for parole under this process if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship with a U.S. citizen as of June 17, 2024.

Upon receipt of a properly filed parole-in-place request, USCIS will determine on a case-by-case basis whether a grant of parole is warranted and whether the applicant merits a favorable exercise of discretion. All requests will take into consideration the potential requestor’s previous immigration history, criminal history, the results of background checks and national security and public safety vetting, and any other relevant information available to or requested by USCIS. USCIS has strong processes in place to identify and address potential fraud, which will be applied here to ensure the integrity of this program.

Stay tuned!  There will be more information soon about this new process!