DHS Initiative Advances President Biden’s Commitment to Family Unity in Immigration

On June 18, 2024, the Department of Homeland Security (DHS) took a pivotal step towards fulfilling President Biden’s commitment to promoting family unity within the US immigration system. This new initiative aims to ensure that families remain together by offering a discretionary grant of parole in place to eligible individuals.

Key Points of the New Parole Process

To qualify for consideration under this new DHS initiative, an individual must:

Be present in the United States without admission or parole: This initiative is aimed at those who have entered the country without the proper admission procedures.
Have been continuously present in the United States for at least 10 years as of June 17, 2024: This demonstrates a significant commitment to residing in the U.S.
Have a legally valid marriage to a U.S. citizen as of June 17, 2024: This ensures that the process benefits those who have established legitimate family ties.

Additionally, the individuals must not have a disqualifying criminal history or pose a threat to national security or public safety. The decision to grant parole will be based on a favorable exercise of discretion.

Inclusion of Children

Noncitizen children of spouses granted parole under this DHS process may also be considered for parole if they meet certain criteria. They must be physically present in the United States without admission or parole and have a qualifying stepchild relationship with a U.S. citizen parent as defined by the Immigration and Nationality Act as of June 17, 2024.

Application Process

To be considered for parole, individuals will need to file a specific form with USCIS, provide supporting documentation to demonstrate eligibility, and pay a required fee. Further information regarding eligibility and the application process, including a notice in the Federal Register, will be published soon.

It is crucial to note that USCIS will reject any filings or individual requests received before the official start date of the application process later this summer.

Parole Duration and Subsequent Steps

Under this new process, qualifying individuals may be granted parole for up to three years. During this period, eligible spouses of U.S. citizens granted parole can file a Form I-485, Application to Register Permanent Residence or Adjust Status, and a concurrent Form I-130, Petition for Alien Relative, if applicable. By the end of the parole period, these individuals are expected to have either a pending adjustment application or completed adjustment adjudication.

Preventing Immigration Scams

USCIS emphasizes the importance of avoiding immigration scams. Here are some common scams to be aware of:

Government Impersonators: USCIS will only contact you through official government channels, not personal social media accounts.
Scam Websites: Ensure your information comes from uscis.gov, dhs.gov, or websites affiliated with uscis.gov.
Payments by Phone or Email: USCIS will never ask for money transfers through Western Union, MoneyGram, PayPal, or gift cards.
Notarios Públicos and Unauthorized Practitioners: Only seek legal advice from authorized professionals. In the U.S., a notario público is not authorized to provide legal services related to immigration benefits.

What to Do Next

As we await the Federal Register Notice and additional guidance on the application process, individuals can start preparing by gathering evidence of continuous presence in the U.S. for at least 10 years and proof of a legally valid marriage to a U.S. citizen. Opening or updating a myUSCIS account can also be beneficial.

Empower Your Immigration Journey with Osas Iyamu, LLC

At the Law Offices of Osas Iyamu, you’ll find not just a lawyer, but a dedicated advocate with over 17 years of experience in U.S. immigration law. Whether it’s securing family-based visas, navigating complex residency paths, or defending against deportation, Osas Iyamu’s personal journey as an immigrant enriches her commitment to your American dream. As you prepare your documentation for the latest immigration updates, let us guide you with precision and compassionate representation. Contact us today to align your goals with the right legal strategies.

For more Information Visit: https://www.uscis.gov/keepingfamiliestogether

FAQs

1. What specific criteria must children meet to qualify for parole under this new initiative?

Noncitizen children must be physically present in the U.S. without admission or parole and have a qualifying stepchild relationship with a U.S. citizen parent as defined by the Immigration and Nationality Act as of June 17, 2024. Additional documentation may be required to prove these relationships and residency status.

2. How can applicants substantiate their continuous presence in the U.S. for the required 10 years?

Applicants should gather evidence such as tax returns, employment records, school records, medical records, and utility bills. Each document should clearly show the applicant’s name and U.S. address, ideally spread across the entire ten-year period to avoid gaps.

3. What are the next steps if a parole application is denied under this new process?

If a parole application is denied, applicants may seek to understand the reasons for denial through official communication from USCIS. It may be possible to address these issues and reapply, or in certain cases, appeal the decision. Consulting with an immigration attorney is recommended to explore all available options.

4. Can the initial three-year parole period be extended, and under what conditions?

Parole may be extended beyond three years if the individual shows compelling reasons that align with the initiative’s guidelines, such as delays in processing adjustment applications. Extensions are not guaranteed and must be applied for with adequate justification and supporting documentation.

5. What precautions should applicants take to avoid immigration scams during the application process?

Applicants should only refer to official government websites like uscis.gov for information and updates, and avoid sharing personal information over the phone or through unofficial channels. Payments should only be made through official payment portals, and legal advice should be sought from licensed professionals, not notarios or unauthorized practitioners.

Disclaimer: This blog post is for informational purposes only and should not be construed as legal advice. Always consult with a qualified immigration attorney regarding your specific situation.