BIDEN ANNOUNCES NEW PROGRAM FOR SPOUSES OF U.S. CITIZENS

On June 17, 2024, President Biden announced a new program for certain spouses of U.S. citizens that will hopefully go into effect by the end of the summer. Under current law, U.S. citizens may already file petitions for their spouses as the basis for their applications for permanent residency.

But if the spouse entered the country unlawfully (even many years ago as a child), they may be forced to attend a visa interview outside the U.S., creating significant uncertainty for their families. This new program would allow some spouses of U.S. citizens (and their children) to apply for a “parole in place” document that would act as a lawful entry so the visa interview outside the U.S. is not required.

The guidelines for this type of parole-in-place require the spouse to:

• Be present in the U.S. without admission or parole;
• Have been continuously present in the U.S. 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.

Additionally, they must:

• Be otherwise eligible for an adjustment of status (application for permanent residency)
• Have no disqualifying criminal history;
• Not constitute a threat to national security or public safety; and
• Deserve a favorable exercise in discretion.

Please note this benefit is NOT yet available, and there is no way to apply at this time. Considering the history of similar programs, this new process may be subject to litigation. The result may be that it may only be available for a limited time, it may be delayed, or it may not actually be implemented.

However, if it does go into effect, it would be a huge benefit for many families across the country looking for greater certainty and a smoother process to gain lawful status.
This type of parole-in-place is already available to certain family members of U.S. military personnel and veterans.

If you are interested in learning what this program could mean for you or your family, contact our office to schedule an in-depth consultation with an attorney.