The Biden Administration will announce tomorrow a program to allow undocumented immigrants married to US citizens to avoid the long and arduous process of getting a green card abroad with a waiver. They can file for parole status in the US – referred to as “parole in place.” If approved, it would give them parole status without having to travel anywhere. Thereafter, they have immediate eligibility to file the green card application in the United States.

What is Parole and How Can it Benefit?

In the immigration context, parole is a pardon for entering the US illegally or an admission ticket that one can now use to file the green card application in the US. Given that the I-130 Petition process for this type of case is 2-3 years, the required I-601A Waiver process is over 4 years, and the US Embassy scheduling process can be 1-2 years – this will save ALOT of time and angst over waiting for the end result of a green card. In addition, no one needs to leave the country. And finally, the immigrant filing for adjustment of status in the US can file for a work permit. Work permits can be issued in 3-5 months after filing for adjustment.

Who Will be Impacted?

The parole in place (PIP) program is undoubtedly the most significant program initiated to assist undocumented immigrants since DACA was launched 12 years ago today. According to the New York Times, the program could assist up to 500,000 persons. This includes those who have been waiting years to get their I-601A applications approved or the Immigrant Visa scheduled at the US Embassy.  It will only be applicable to spouses of US citizens. Spouses of legal residents and parents, siblings, and children of US citizens will NOT qualify.

Has This Happened Before?

The president has authority under the Immigration Nationality Act (INA) to define who is eligible for parole. For example, Military Parole in Place has been in effect since 2007. It permits undocumented immigrants of US citizens who currently or previously served in the US military to gain parole status and then proceed with adjusting status to permanent residence inside the United States.

To determine eligibility as an undocumented immigrant spouse of a US citizen, call spouse-based and family immigration lawyer, Catherine Brown, to schedule a consultation at 303-322-2117 or schedule here