On June 18, 2024, the Biden administration announced a new executive order offering legal protections to certain undocumented immigrants married to U.S. citizens. The “parole in place” program is designed to allow eligible individuals to remain in the United States, obtain work authorization, and pursue permanent residency without leaving the country. Here’s what practitioners and applicants need to know to prepare.
What changed
The Biden administration announced new legal protections for some undocumented spouses of U.S. citizens and a small number of young people. The new “parole in place” policy has the potential to make a real difference for an estimated 480,000 people.
Eligibility criteria: As of June 17, 2024, people must have resided in the U.S. for 10 or more years and be legally married to a U.S. citizen, while satisfying all applicable legal requirements.
Application timeline: There is no process to apply for parole in place yet. It will likely be late summer or early fall before a process is announced. First, the government needs to publish the rules and guidelines and then create a way for people to apply.
Why it matters
For practitioners representing mixed-status families, this order changes the calculus on a key issue: how to help an undocumented spouse adjust status when consular processing would trigger a 3–10 year bar on reentry. Previously, most noncitizens married to U.S. citizens faced a choice between consular processing abroad (with deportability risk) or remaining in unlawful status indefinitely.
Parole in place, when the application portal opens, will offer eligible individuals a pathway to lawful status and work authorization without forcing them to leave the country and risk separation from their families. The estimated 480,000 eligible beneficiaries represent a significant population currently in immigration limbo.
However, it will only benefit 4% of the 12 million immigrants living in the U.S. without any legal path forward—leaving millions of people in limbo. The 10-year residency floor and marriage requirement are strict eligibility gates; applicants outside these parameters will not qualify.
Way forward
-
Do not file prematurely. No formal application exists yet. Practitioners should not advise clients to submit applications until USCIS publishes the official form, instructions, and guidelines, expected late summer or early fall 2024.
-
Verify eligibility now. Confirm that a potential beneficiary meets all legal requirements, including the 10-year continuous U.S. residency as of June 17, 2024, and valid marriage to a U.S. citizen. Consult with a qualified immigration attorney to determine whether you meet legal requirements or whether anything in your past history might create problems in your immigration status.
-
Attend Know Your Rights training. AFSC strongly encourages all potential applicants to attend local Know Your Rights presentations by trusted organizations.
-
Monitor the official portal. Watch USCIS’s website and DHS announcements for the release of the application form and filing instructions when they become available.
Disclaimer
This article is provided for informational purposes only and is not legal advice. We are not a law firm. Immigration law is complex, and parole policies can change without notice at any time. You must consult a licensed immigration attorney to determine your individual eligibility, understand the risks and benefits of applying, and verify the current rules against the primary source linked above before taking any action. Always refer to official USCIS and DHS guidance for the most current information.