What is Parole?
Parole is a temporary permission to stay in the United States. It’s different from being admitted; it doesn't grant a legal status but allows someone to stay in the U.S. legally for a specific period.
The Requirements
The Biden administration's new parole program, announced on June 17, 2024, has specific requirements:
1. Marriage to a U.S. Citizen: You must be married to a U.S. citizen as of June 17, 2024.
2. Continuous Physical Presence: You need to have been physically present in the U.S. for the last 10 years (June 17, 2014, to June 17, 2024).
3. No Lawful Admission or Parole: You must not have been lawfully admitted, inspected, or paroled into the U.S.
4. No Threat to National Security or Public Safety: You must not be considered a threat.
5. Merit a Favorable Exercise of Discretion: You must demonstrate that granting you parole is in the public interest.
Who Does This Help?
This program helps eligible spouses of U.S. citizens and their children (if they are unmarried and under 21). The government estimates about 500,000 people could benefit from this, along with an additional 50,000 children.
The Benefits
If approved for parole, you can apply for adjustment of status and get a green card without leaving the U.S. This can save significant time and money by avoiding the need for an I-601A waiver and the risk of leaving the country.
Challenges and Considerations
Legal Challenges
This program might face legal challenges, similar to DACA and other immigration programs. Court battles could delay or derail its implementation.
Political Uncertainty
The upcoming November election could also impact the program. A change in administration might lead to its reversal, similar to previous immigration policies.
Immediate Actions
As of today, there is no process to apply for this parole. The government is expected to provide details by the end of the summer. Until then, avoid any offers to apply, as they are likely fraudulent.
What You Can Do Now
Start gathering evidence of your continuous presence in the U.S., your marriage certificate, and any documentation that proves your eligibility and good moral character. Also, request your records through a Freedom of Information Act (FOIA) request to understand what immigration has on file for you.
What if I’m Already in a Process?
If you’re already in an immigration process, discuss with your lawyer whether to switch strategies once the regulations are out. You might want to keep your current process as a backup plan.
What if I’m in Immigration Court?
Being in immigration court might complicate things. You might need to get your case terminated before applying for adjustment of status through USCIS. Each case is unique, so consult with your lawyer for the best strategy.
What if I’m Not Eligible?
If you don’t qualify for this program, explore other options like U visas, asylum, family-based petitions, and cancellation of removal. Consult with an immigration lawyer to find the best path forward.
Conclusion
Immigration law is complex and ever-changing. This new parole program offers hope to many, but it’s crucial to stay informed and cautious. Avoid scams and wait for the official process to be announced.
Thank you for joining us today. If you have any questions, feel free to reach out. At Landerholm Immigration, APC, we’re committed to fighting for your American dream. Stay tuned for more updates and have a great day!
You can watch our entire video here: The top 7 reasons a Green Card could be denied - YouTube