Many people enter the country without being properly inspected and evaluated at the border. Biden’s new parole in place plan grants the foreign spouses of United States citizens humanitarian parole, offering them the same status as someone who was inspected and paroled legally at the border. For additional information contact a Montgomery County deportation defense lawyer to schedule your consultation today.
What is Parole in Place?
Parole in place is a new policy being released by the Biden Administration. It allows eligible applicants to apply for a green card without leaving the country. Those who are eligible for parole in place will be temporarily protected from deportation and given the opportunity to apply for legal work authorization. Through this plan, they will be one step closer to lawful permanent residency.
Currently, although a spouse of a U.S. citizen is eligible for permanent residency, they must leave the United States during the application process. For those who have been in the U.S. unlawfully for over a year, leaving the country could trigger a several-year bar. Many spouses choose not to pursue legal status because they know it will result in them being barred from reentering the country for sometimes up to 10 years. That could be 10 years that they do not get to see their spouse or children. It is important to allow families to stay together, so this program will prevent spouses from being forced out of the country.
Who is Eligible?
While this plan can benefit thousands of people and families across the country, not everyone will be eligible to apply. There are several qualifications that individuals must meet to be considered suitable candidates for parole in place. Biden’s administration has outlined the general conditions that people must meet to apply. Read below.
- Have continuously resided in the United States since June 17, 2014;
- Were physically present in the United States on June 17, 2024;
- Have been legally married to a U.S. citizen as of June 17, 2024;
- Entered the United States without admission or parole and do not currently hold any lawful immigrant or nonimmigrant status;
- Have not been convicted of any disqualifying criminal offense;
- Do not pose a threat to national security or public safety; and
- Merit a favorable exercise of discretion
If you meet the above mandatory criteria you could be able to apply for parole in place and remain in the United States while you seek a status change.
August 26, 2024 Update: Federal Judge Puts Hold on Parole in Place Program
On Monday, August 26, a federal judge in Texas issued a temporary injunction against this program, putting it on hold for a period of 14 days (though importantly, applications can still be filed).
The temporary stay was granted by U.S. District Court Judge J. Campbell Barker following a request from attorneys general representing 16 states, led by Texas.
These states, predominantly governed by Republicans, argued that the program would be detrimental to their interests and might encourage further unauthorized immigration.
In his ruling, Judge Barker noted that the state’s arguments were compelling enough to warrant a more in-depth review than the court had conducted thus far.
As this legal battle unfolds, the future of the “Keeping Families Together” program remains uncertain, and its impact on immigration policy continues to be a contentious issue.
Contact a Skilled Immigration Lawyer
Do not hesitate to reach out to an experienced immigration lawyer for more information. Immigration law can be complex, particularly when dealing with new policies. Understanding your rights and legal options is crucial in ensuring your family can stay together. Contact our knowledgeable attorneys today to book a consultation and acquire legal counsel.
