Biden Announces Executive Action to Help Keep Families Together in the U.S.

There was some a very exciting news from the White House this week! The Biden administration announced a new policy which will allow certain undocumented spouses and children (including stepchildren), of U.S. citizens to live and work in the U.S. for three years, through the “Parole in Place” program.  Those approved for Parole in Place will also have three years to apply for lawful permanent residency, without having to leave the country.

Why is this so significant?

In general, an immigrant who marries a U.S. citizen is eligible for permanent residency (otherwise known as a green card), but current immigration law requires immigrants who entered the U.S. unlawfully to leave the country and re-enter legally to be eligible for permanent residency. Leaving the U.S. after living here unlawfully for certain periods of time can trigger a 3- or 10-year bar from returning to the U.S. As a result, many families choose not to pursue the process to avoid a long separation from their families.  

By receiving Parole in Place, the undocumented spouse/child will be considered lawfully admitted to the U.S. and will no longer have to leave the country to be eligible to apply for permanent residency. This will help keep families together and avoids potentially long separation periods.

Who will be eligible?

The program specifics are still forthcoming, but some general eligibility information has been released for spouses of U.S. citizens. To be eligible, applicants must be:

1.      Present in the U.S. without admission or parole;

2.      Have been living in the U.S. for at least 10 years prior to June 17, 2024;

3.      Be legally married to a U.S. citizen as of June 17, 2024; and

4.      Not be inadmissible due to criminal history or a threat to national security/public safety.

When and how can I apply?

The Biden administration has not yet released information about when and how to apply for PIP or lawful permanent residence under the new policy. The attorneys at Bennett & Harker are following the news closely for updates.

We applaud the Biden administration for taking this significant executive action. It will be life-changing for hundreds of thousands of families by enabling them to stay together lawfully in the U.S. For more information, feel free to contact us to schedule a consultation.