The Biden Administration recently announced a new "Parole In Place" policy for undocumented individuals who are married to a U.S. citizen by June 17, 2024 and who can prove that they have at least 10 years of continuous presence in the U.S. as of June 17, 2024, among other requirements.
At this time, you CANNOT apply for Parole In Place. USCIS will not accept any applications for this newly announced benefit until a notice in final form is published in the Federal Register. It is expected that by late summer or fall of 2024 we may have something more formal regarding a final rule which will provide more details on requirements, immigration fees, forms, and processes to follow.
We remind you that we are in a presidential election year. Depending on the results of the November election, it may be the case that this policy will not be implemented or if implemented, may see litigation that could impede its success. Therefore, we must simply remain calm and wait and see as we keep abreast of information coming from the government.
For the time being, you can prepare yourselves as follows:
1. Collect evidence of continuous presence in the U.S. for 10 years prior to June 17, 2024; Such as tax returns or your IRS transcripts;
2. Collect evidence of having a legally valid marriage to a U.S. citizen spouse on or before June 17, 2024;
3. If you have had any criminal or immigration history, you should speak with an attorney who can request criminal and immigration records; this data will be important in evaluating your eligibility should the policy be implemented.
4. If you have had any criminal history, you can request a certified copy of the disposition of your case from the court where your case was heard and any evidence of having served any sentence imposed. These documents will be important in evaluating your eligibility should the policy be implemented.
Given the uncertainty that still exists regarding the implementation of this new policy, we at Vazquez & Servi, P.C. advise our clients who already have an application pending with USCIS to continue with their current process. In the event that this new policy is implemented and USCIS begins to receive applications, our clients' cases will be evaluated, and our clients will be notified about the possibility of making a change in case strategy.
Attached please find the link to information on the program posted by USCIS:
https://www.uscis.gov/keepingfamiliestogether
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