Fees for Family Parole-In-Place Process

Overview of DHS Announcement

On June 18, 2024, the Department of Homeland Security (DHS) made a significant announcement to support family unity within the immigration system. This initiative aligns with President Biden’s commitment to keeping families together. DHS has introduced a new Parole-In-Place process allowing case-by-case consideration of requests from certain noncitizen spouses of U.S. citizens. This Parole-In-Place process aims to provide a pathway to lawful permanent residence for those who have been continuously present in the United States for at least ten years without admission or parole.

President Biden has consistently emphasized the importance of family unity as a cornerstone of his immigration policy. The Parole-In-Place initiative is a tangible step toward fulfilling that promise. By addressing the unique challenges faced by long-term residents who lack legal status, the administration seeks to promote the stability and security of immigrant families. This initiative underscores the value of family in American society and aims to reduce the hardships faced by immigrants who have established deep roots in their communities.

Key Details of the New Process

The new Parole-In-Place process introduced by DHS includes several key components designed to ensure that only eligible individuals benefit from this initiative. Noncitizen spouses must meet stringent criteria, including continuous physical presence in the U.S. for ten years, no disqualifying criminal convictions, no threat to national security and public safety, passing thorough vetting procedures, eligibility to apply for adjustment of status, and merit-based favorable exercise of discretion. If paroled under this process, eligible noncitizens can generally apply for lawful permanent residence without needing to leave the United States. This change eliminates the need for processing at a U.S. consulate overseas, streamlining the path to legal status.

Eligibility Criteria for Noncitizen Spouses

Continuous Physical Presence Requirements

To qualify for this new family unity process, noncitizen spouses of U.S. citizens must demonstrate continuous physical presence in the United States for at least ten years. This requirement ensures that only those who have established significant ties to the community and contributed to American society are considered for relief. Documentation and evidence of continuous presence will be crucial in the application process.

Criminal Conviction Disqualifications

Noncitizen spouses with disqualifying criminal convictions are not eligible for this process. This includes convictions for serious crimes that pose a threat to public safety and undermine the integrity of the immigration system. The vetting process will thoroughly review applicants’ criminal histories to ensure compliance with this criterion.

National Security and Public Safety Vetting

A fundamental aspect of this new process is ensuring that applicants do not pose a threat to national security and public safety. DHS will conduct rigorous vetting procedures to assess the backgrounds of noncitizen spouses seeking parole. This measure is designed to maintain the security and well-being of the United States while promoting family unity.

Benefits and Implications of the New Process

Pathway to Lawful Permanent Residence and Its Impact

This new process provides a pathway to lawful permanent residence for eligible noncitizen spouses, allowing them to obtain a green card without leaving the U.S. and avoiding lengthy consular processing. It aims to reduce family separation and uncertainty. Approximately 500,000 noncitizen spouses and 50,000 children, with an average U.S. residency of 23 years, could benefit, highlighting their deep community ties and contributions to American society.

Application Process and Additional Information

Steps to Apply for Adjustment of Status

Applying for adjustment of status under this new process involves several key steps. Eligible noncitizen spouses must submit detailed applications demonstrating their continuous presence, lack of disqualifying criminal convictions, and compliance with national security requirements. The application process will be guided by forthcoming instructions in the Federal Register Notice.

Required Fees and Documentation

Applicants must provide various forms of documentation to support their eligibility, including proof of continuous physical presence and a clean criminal record. The forthcoming Federal Register Notice will detail the associated fees for processing these applications.

Federal Register Notice and Filing Guidelines

The DHS will publish a Federal Register Notice outlining the application process’s specific details, including required documentation, fees, and filing guidelines. Applicants must adhere to these guidelines to ensure their applications are considered. USCIS will reject any filings received before the official publication of the Notice.

Secure Your Family’s Future with Expert Immigration Guidance

At the Law Offices of Osas Iyamu, LLC, we help families stay united and thrive in the U.S. With over 17 years of experience, Attorney Osas Iyamu offers expert immigration services, from visas and citizenship to deportation defense. Contact us today for compassionate, confident legal support.

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