Parole in Place, Work Authorization and Lawful Permanent Residence
Biden’s New Programs Set to Begin August 19, 2024 – Ready, Set GO!
Call Penton Law Today to get ready to apply
Family Unity Program:
If you haven’t already heard, USCIS and President Biden have begun a new process which allows certain noncitizens spouses of US Citizens to become Permanent Residents within the United States. This process is called Parole in Place Process and will enable many people who would not otherwise be able to obtain permanent resident status, the ability to obtain valid status in the United States. One of the largest affected recipients are DACA Recipients.
Benefits of The Family Unity Program: President Biden’s Family Unity Program comes with immense benefits to US Citizens and their noncitizen spouse and children. Many noncitizens may already qualify to become a permanent resident except for the fact that they would have to leave the United States to obtain a permanent resident visa. Under Biden’s new plan, qualifying spouses and children can now become permanent residents without leaving the country.
Parole in Place: What is Parole in Place? Parole in place allows a foreign national who came into the United States without authorization or who did not enter with permission to stay for a certain period of time. Once a Foreign national is granted Parole in Place, if eligible, they can seek to become a permanent resident while inside the US. They can also immediately seek work authorization. The preliminary plan is to allow an approved applicant three years to apply to become a permanent resident.
Work Authorization: An individual who is granted parole is immediately eligible to apply for an EAD from USCIS. An important element of the Family Unity Plan is that eligible applicants will also receive the ability to work legally in the United States. The ability to work is a major stabilizing force in many families lives along with the knowledge that they can continue to remain with their families while working toward permanent residency.
Lawful Permanent Residence: Permanent residency is one of the biggest benefits of the family unity program. Eligible applicants will have the ability to work in the US, obtain lawful status and eventually become a US Citizen.
Eligibility: To be considered for a discretionary grant of parole, on a case-by-case basis, under this process, you 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;
- Have a legally valid marriage to a U.S. citizen as of June 17, 2024;
- Not have any disqualifying criminal history or otherwise constitute a threat to national security or public safety; and
- Otherwise merit a favorable exercise of discretion.
Evidence Gathering: Eligible Applicants should begin gather evidence to show the following:
- Documentation to establish that the noncitizen has been continuously present in the United States for at least 10 years as of June 17, 2024;
- Evidence of a legally valid marriage to a U.S. citizen as of June 17, 2024; and
- Evidence of additional favorable discretionary factors that the applicant would like USCIS to consider.
