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Written by Hector Benítez Cañas
The Biden administration recently announced a new immigration plan, “Processes to Promote Family Unity and Stability.” This will expand the current in-place parole program to apply to the families of U.S. military personnel.
DHS will establish a new process to consider on a case-by-case basis applications from certain noncitizen spouses of U.S. citizens who: have resided in the United States for 10 years or more; do not pose a threat to public or national security; meet other requirements to adjust status and deserve favorable discretion.
If they meet the requirements, these noncitizens will be able to apply for lawful permanent residence without having to leave the United States and receive consular processing at a U.S. embassy abroad.
The Department of Homeland Security estimates that approximately 500,000 noncitizen spouses of Americans may be eligible for the new program. Approximately 50,000 children of those spouses also would be able to benefit from the process.
Requirements and Process
To be considered for this process on a case-by-case basis, an individual must:
In the United States but not in prison or on parole; Have resided in the United States continuously for at least 10 years as of June 17, 2024; Be legally married to a U.S. citizen as of June 17, 2024.
Additionally, an individual must not have a criminal record that would render him or her inadmissible under immigration law, or pose a threat to national security or public safety, and must merit the full exercise of discretion.
Likewise, within the framework of this procedure, stepchildren of U.S. citizens may also be considered for parole, provided they have not been admitted or paroled in the United States and have a previous qualifying stepchild relationship with a U.S. citizen. June 17, 2024.
If your parents’ civil marriage to a U.S. citizen took place before the parents turned 18, the relationship is established.
Upon receipt of a parole application, USCIS will determine on a case-by-case basis whether parole is warranted and whether the applicant merits the exercise of discretion. All applications will take into account the applicant’s prior immigration history, criminal history, background check results, national security and public safety investigations, and any other relevant information provided or requested by USCIS.
(With Fernando Atencio, legal assistant)
* Héctor Benítez Cañas is an immigration attorney in Miami. His firm, Benme Legal, is dedicated to the exclusive practice of immigration law. https://www.benmelegal.org/
Photo: FFI Practitioners
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