US Citizenship and Immigration Services (USCIS) has recently announced certain individuals seeking permanent residency and citizenship in the United States. The Department of Homeland Security (DHS) is establishing a process to consider, on a case-by-case basis, requests for parole in place from certain noncitizen spouses of U.S. citizens who have been in the U.S. for at least a decade.

If parole is granted, noncitizens who are eligible to apply for lawful permanent residence based on their marriage to a U.S. citizen will be able to do so without having to leave the United States. Immigration parole allows certain non-citizens to temporarily live and work in the United States without fear of deportation.

If paroled, these noncitizens will generally be able to apply for lawful permanent residence without having to leave the United States and be processed by a U.S. consulate overseas. DHS estimates that 500,000 noncitizen spouses of U.S. citizens could be eligible to access this process; on average, these noncitizens have resided in the United States for 23 years. Approximately 50,000 noncitizen children of these spouses are estimated to be eligible to seek parole under this process.

USCIS will begin accepting applications for a new process on August 19, 2024, allowing noncitizen spouses and children of US citizens to apply for lawful permanent residence without leaving the country.

Eligibility

To be considered for a discretionary grant of parole, on a case-by-case basis, under this process, you must:   

Be present in the United States without admission or parole;

Have been continuously present in the United States for at least 10 years as of June 17, 2024;

Have a legally valid marriage to a U.S. citizen as of June 17, 2024;

USCIS may also consider certain noncitizen children of requestors under this process if, as of June 17, 2024, they were physically present in the United States without admission or parole, and have a qualifying stepchild relationship to a U.S. citizen.

USCIS is not currently accepting applications under this process. USCIS will begin accepting applications on August 19. If you apply before August 19, USCIS will reject your application. USCIS will publish a Federal Register notice that will further explain eligibility and the application process, including the form to use, and the associated filing fees.

Although USCIS is not currently accepting applications, you can begin to prepare to file a parole application by gathering evidence of your eligibility, such as:

Evidence of a legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate;

Documentation

Valid state or country driver’s license or identification;

Birth certificate with photo identification;

Valid passport; or

Any government issued document bearing the requestor’s name, date of birth, and photo.

Evidence of your spouse’s U.S. citizenship, such as a passport, birth certificate or Certificate of Naturalization;

Documentation to establish your continued presence in the United States for at least 10 years, as of June 17, 2024.

Examples of documentation could include copies of:

Rent receipts or utility bills;

School records (letters, report cards, etc.);

Hospital or medical records;

Attestations to your residence by religious entities, unions, or other organizations, identifying you by name;

Official records from a religious entity confirming participation in a religious ceremony;

Money order receipts for money sent into or out of the United States;

Birth certificates of children born in the United States

Dated bank transactions;

Automobile license receipts, title, or registration;

Deeds, mortgages, or rental agreement contracts;

Insurance policies; or

Tax returns or tax receipts.

For noncitizen children of requestors, evidence of eligibility could include:

Evidence of the child’s relationship to the noncitizen parent, such as a birth certificate or adoption decree;

Evidence of the noncitizen parent’s legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate; and

Evidence of the child’s presence in the United States as of June 17, 2024.

If you are interested in this process, you should consider creating or updating your myUSCIS account at my.uscis.gov.