The Biden Administration recently made a monumental announcement that certain foreign nationals, who, as of June 17, 2024, were married to United States citizens, and have been physically present in the United States since June 17, 2014, among other requirements, would be eligible to apply for parole-in-place. This policy has the potential to benefit an estimated 550,000 foreign nationals. The children of the applicants who are the stepchildren of United States citizen parents are also eligible for parole with their parents, and are estimated to be among 50,000 of the intended beneficiaries of the policy.
Parole-in-place is a legal mechanism that allows eligible individuals who entered the country unlawfully to remain in the United States for purposes of adjustment of status. The federal government already allows the spouses, parents, and children of active duty and honorably discharged members of the military to apply for “parole-in-place,” and then adjust status, through policies enacted by the Obama Administration.
Under current law, with very limited exceptions, most foreign nationals who entered without inspection cannot adjust their status through a family-based immigrant visa petition, even when married to a U.S. citizen. Many individuals under these circumstances must apply for provisional unlawful presence waivers, a process that takes years. After their waiver is approved, these individuals are required to depart the country to complete consular processing, a risky endeavor. This policy would be much faster, allow foreign nationals to receive interim benefits and protections while their green card applications are pending, and would prevent families from being separated.
While the policy is a hopeful development, it most certainly will undergo legal challenges in federal courts. Even if the policy is upheld by the courts, if President Biden is not reelected, it is unlikely that the Trump Administration would continue to follow it. And, it is unclear how many applications can be adjudicated prior to a transfer of power. Accordingly, prospective applicants eligible for alternative relief should continue to pursue it in conjunction with the parole applications.
As of publication of this article, foreign nationals cannot yet apply for parole through this program. Without the USCIS form and accompanying official notice in the Federal Register, it is not even clear who is exactly eligible for this benefit. The announcement and list of criteria does specify that it will be discretionary and decided on a case-by-case basis.
