New Immigration Process to Promote Family Unity for Certain Spouses of U.S. Citizens

On June 18, 2024, the U.S. Department of Homeland Security (DHS) announced a new process to allow noncitizen spouses of U.S. citizens who meet certain conditions to obtain “parole” and employment authorization, and potentially become eligible to apply for lawful permanent resident status without having to leave the United States. On August 19, 2024, the DHS published additional guidance about the initiative and began accepting applications.

LITIGATION HAS BLOCKED THE PROGRAM. Consumers should be aware that several states filed a lawsuit seeking to end the new parole in place program, and a federal judge in Texas temporarily blocked DHS from approving new applications on August 26, 2024. While USCIS may continue to receive parole in place applications, no additional applications may be approved while this temporary court order remains in place.

BEWARE OF SCAMS. Individuals who remain interesting in applying for parole in place while the temporarily order remains in place (or in the event that it is lifted in the future) are encouraged to carefully review official USCIS guidance about the initiative and schedule a legal consultation for advice. Consumers should only seek advice from a licensed attorney or federally accredited representative, and should avoid immigration consultants, notaries, and tax preparers for all immigration services. Information about avoiding fraud and getting the right immigration help is available here.

Updated: August 27, 2024

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