USCIS begins accepting applications for the “Biden Spousal Parole in Place Program,” from the spouses of US Citizens who meet certain fixed criteria, on August 19, 2024. The USCIS filing fee will be $580. The agency will not release the final instructions until the day the program starts on August 19, 2024. As a consequence, there are no forms to prepare in advance and no one will be filing that day. But you can prepare for Monday by following these instructions.
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 (you must have entered without a visa);
- Have been continuously present in the United States for at least 10 years as of June 17, 2024 (there can be no absences). Anyone with more than one unlawful entry is ineligible for this program;
- Have a legally valid marriage to a U.S. citizen as of June 17, 2024 (If your LPR spouse became a citizen after that date you are not eligible);
- Not have any disqualifying criminal history or otherwise constitute a threat to national security or public safety (this part is still unclear, but it is likely that it will be like DACA applications—A felony conviction is disqualifying, a misdemeanor conviction depends on the crime and sentence, traffic offenses are generally not relevant, but a DUI may disqualify you, we will know more on Monday); and
- Otherwise merit a favorable exercise of discretion (this is a general requirement that means you are good person).
Certain noncitizen children and stepchildren of US Citizens are also eligible 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.
Timeline
We anticipate that USCIS will adjudicate the early applications in a relatively short period of time, perhaps as little as a few weeks, but if volume is high, adjudication times will certainly lengthen. If they lengthen beyond the election and if Trump wins, there is a virtual certainty the program will be terminated.
What You Can Do Now
We are now meeting with clients in person or by zoom or phone to review documents and gather information for filing, including having clients complete a questionnaire with required biographic data. Call 404-816-8611 to set up an appointment with one of our attorneys or visit us at www.immigration.net to set up an appt online.
Gather 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 of proof of identity, including expired documents, which may include:
- Valid state or country driver’s license or identification;
- Birth certificate with photo identification;
- Valid foreign 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. The 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;
- Documents showing you as the victim of a crime;
- Tax returns or tax receipts; and
- Get certified dispositions for any arrests. Applicants will need to show good moral character and/or that you are not a risk to public safety. Regardless of the application type, immigration has always required certified dispositions to review the seriousness of any criminal offenses, and to show that all criminal matters were resolved.
For noncitizen children, 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 (the child need not have been here for 10 years).
Beware of Scams
We want to remind you that immigration scams are pervasive.
Remember that in the United States, a Notario is not authorized to provide you with any legal services related to immigration. Only an attorney licensed to practice law in the United States or an accredited representative working for a Department of Justice-recognized organization can give you legal advice.
If you seek legal counsel from someone aside from our law firm, beware of individuals who pose as immigration attorneys (such as unlicensed individuals or disbarred attorneys). The signs of an unethical practitioner may include:
- Promising guaranteed outcomes or money-back guarantees;
- Using predatory or threatening pricing structures;
- Asking you to sign a blank paper or not allowing you to review a paper you have signed; and
- Asking to keep your signature on file.
To protect yourself from potential scams, remember:
- Ask for a written agreement that describes the services to be provided and is signed by the provider. Read the agreement before signing it, and keep the signed copy for your records;
- Get copies of documents prepared for you; and
- Ask for a written receipt that includes the name and address of the provider.
We look forward to meeting with you and working with you to secure your parole. Call today!
