Immigration Initiative "Parole-in-Place" Set to Take Effect

 Posted on June 29,2024 in Immigration

DHS (Department of Homeland Security) recently announced actions designed to support unity in families with a noncitizen spouse, child, or stepchild.  How Congress will address immigration issues remains to be seen, but this new development from the administration establishes a case-by-case procedure to keep families together. Currently, non-citizens who are married to U.S. citizens may make an application for lawful permanent residence. Unfortunately, these laws also require non-citizens to leave the U.S., waiting for months or years to be processed.

The current procedure often results in prolonged separations from family members. In turn, fear and uncertainty exist for non-citizens forced to leave their loved ones, unsure of when—or if—they will be reunited. The new immigration procedures are meant to keep family separations to a minimum. Those who are eligible to take advantage of the "parole-in-place" initiative should not hesitate to speak to an experienced immigration attorney. This step is crucial to empower you with the right information while providing you with an empathetic, knowledgeable attorney who will advocate on your behalf.   

Who is Eligible for the "Parole-in-Place" Initiative?

The requirements for non-citizen spouses and children of these spouses to qualify for the initiative include:

• As of June 17, 2024, the individual seeking parole-in-place must have lived in the U.S. for ten years or more.   

• The person making the application must not be considered a threat to national security or public safety.

• As of June 17, 2024, the individual must be married to a United States citizen.   

• There must be no disqualifying criminal history of the individual making the application.

Adult requestors who have non-citizen children with a qualifying child or stepchild relationship to a U.S. citizen as of June 17, 2024, may also be considered under the parole-in-place initiative. The case-by-case process for those who meet all requirements is meant to satisfy urgent humanitarian reasons that also benefit the public.

What Is the Process for "Parole-in-Place"?

A person who qualifies for the parole-in-place initiative must file requested forms with the USCIS. Any necessary supporting documentation that proves the applicant meets the stated requirements must be included with the application. The Federal Register will soon publish additional information regarding eligibility and the application process.

Since the application period is not set to begin until later in the summer, filings received before that time will be rejected. Once the application period is open, the USCIS will individually consider each valid request. Based on the totality of the application, it will then be determined whether each applicant is entitled to a favorable exercise of discretion.   

Additional Assistance for Dreamers

The initiative introduced by the current administration also helps noncitizen immigrants known as "Dreamers." DACA recipients who have earned a degree at an accredited United States college and have received an offer of employment from a U.S. employer in a field related to their degree will be able to apply for expedited work visas. Clarification regarding D-3 inadmissibility waivers has been in the works since 2022.

The current D-3 process is long, unpredictable, and subjective. Dreamers can now seek support from their colleges and universities via employment-based immigration options. Since the process can be complex, institutions of higher learning can seek assistance through Legal Pathways that Work. Current DACA recipient employees should be screened to determine eligibility for employment-based visas.   

Contact an Irving, TX Immigration Attorney

At the Dallas County law firm of John W. Lawit, LLC, you can expect experienced legal assistance for virtually any immigration issue. We aggressively pursue immigration eligibility for our clients, as well as humanitarian visas, including those involving political asylum, violence against women, special immigrant juveniles, and crime victims. Whether you want to apply for the new parole-in-place initiative or are dealing with other immigration issues, a skilled Dallas County, TX immigration lawyer can provide you with the assistance you need. Contact John W. Lawit, LLC at 214-609-2242 for a free consultation.