On June 18, the Department of Homeland Security (DHS) announced actions to promote family unity in the immigration process. This announcement is consistent with the Biden-Harris administration’s commitment to keep families together. 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.

USCIS is not currently accepting applications under this process. We will begin accepting applications on Aug. 19. If you apply before Aug. 19, we will reject your application. More information about eligibility and the application process will be published in a forthcoming Federal Register notice.

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;
Not have any disqualifying criminal history or otherwise constitute a threat to national security or public safety; and
Otherwise merit a favorable exercise of discretion.

More information about these eligibility criteria will be available in the forthcoming Federal Register notice.

We 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.

Timeline

You cannot apply for this process yet. We 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. If you apply before the implementation date in the Federal Register notice, we will reject your application.

We will provide additional information on the Process to Promote the Unity and Stability of Families webpage as it becomes available.

What You Can Do Now

Although we are 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 of proof of identity, including expired documents may include:
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. While more information will be made available in the forthcoming Federal Register Notice and subsequent FAQs, 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.

Beware of Scams

We want to remind you that immigration scams are pervasive.

Remember, you cannot apply for this process yet. If you see someone selling their services to file an application before we publish the Federal Register notice or open the process, please see our Report Immigration Scams webpage.

Remember that in the United States, a notario público 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, 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:

Do not pay for government application forms – forms are free, and you can download them at uscis.gov/forms;
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.

USCIS officials will never reach out to you directly through social media platforms. We will only contact you through official government channels. This may include a secure private message to your myUSCIS account. Report questionable users on social media platforms and see our Report Immigration Scams webpage.

USCIS is committed to protecting the integrity of the immigration system. Individuals committing immigration fraud, including the development and submission of fictitious or altered documents in support of any immigration benefit request, may be found ineligible for this and future benefits and punishable by law. The public may report immigration fraud and abuse through our online tip form.

Visit our Avoid Scams page for more information on how to help safeguard your information and avoid becoming a victim.

Reminders on the Process to Promote the Unity and Stability of Families