On June 18, 2024, President Biden issued an executive order to provide deportation protection for some spouses and step-children of United States citizens. This action will provide a streamlined pathway for these foreign nationals who entered the U.S. without a visa to potentially apply for a green card without leaving the U.S.
Here’s what we know so far:
- Applicants who entered without a visa will apply for parole-in-place – a discretionary program that allows for issuance of documentation that the individual has been legally allowed into the U.S.
- Approval is discretionary
- Beneficiaries of this program must have been physically present in the United States since June 17, 2014.
- Spouses must have been legally married to a U.S. citizen on June 17, 2024.
- Children must qualify as a stepchild of the U.S. citizen, meaning that the parents married before the child turned 18 and are currently unmarried and under the age of 21
- Applicants must be otherwise eligible for adjustment of status (no permanent bar, no convictions for certain crimes, not a danger to public safety or national security, no previous immigration fraud/misrepresentation, no final order of removal, not currently in removal proceedings). Most people who have entered the U.S. more than once without a visa are subject to a permanent bar and thus, are NOT eligible for adjustment of status. That would make them ineligible for this parole-in-place program.
- Once an individual is approved for parole-in-place, he/she will be eligible to file and immediate relative adjustment of status petition with United States Citizen and Immigration Services (USCIS) – this is an application for a green card
Please note that applications for this program are not currently being accepted. Until an official date has been announced and specific application instructions have been issued, no one should submit a request under this new program, as USCIS will reject the application.
The attorneys at the Law Office of Kelli Y. Allen will be closely monitoring USCIS guidance and will begin offering information and consultations as soon as final information is released. Consumers are strongly cautioned against consulting non-attorneys who claim to be able to assist applicants with this program, as the potential for fraudulent assistance is high. Please contact the Law Office of Kelli Y. Allen at 704-727-4900 for additional information.