Keeping Families Together: New DHS Policies for Noncitizen Spouses

Home > Keeping Families Together: New DHS Policies for Noncitizen Spouses

The current administration announced hopeful news that’s going to make a big difference for many families. On June 18, the Department of Homeland Security (DHS) announced a new initiative to help keep families together during the immigration process.

 

When will this program start?

Starting August 19, the U.S. Citizenship and Immigration Services will begin accepting applications for a special parole process. This process allows certain noncitizen spouses of U.S. citizens, who have been in the U.S. for at least a decade, to apply for parole in place. If granted, these individuals can apply for lawful permanent residence without leaving the country. It is a huge step forward for many families.

 

Who is going to qualify?

To be eligible for this new process, you need to meet a few criteria:

 

  • Present in the U.S.: You must be in the U.S. without admission or parole.
  • 10-Year Stay: You have been continuously present in the U.S. for at least 10 years as of June 17, 2024.
  • Marriage to a U.S. Citizen: You have a legally valid marriage to a U.S. citizen as of June 17, 2024.
  • Clean Record: No disqualifying criminal history and not a threat to national security or public safety.
  • Discretionary Merit: You must merit a favorable exercise of discretion.

In some cases, noncitizen children of applicants may also be eligible if they meet certain criteria as of June 17, 2024.

 

What is the important date?

Do not submit applications just yet! USCIS will start accepting them on August 19, and any applications submitted before this date will be rejected. Detailed information about eligibility, forms, and fees will be provided in an upcoming Federal Register notice.

 

What can you do to get ready?

Even though you cannot apply yet, now is a great time to start gathering the documents you will need:

  • Proof of Marriage: A marriage certificate showing your marriage to a U.S. citizen as of June 17, 2024.
  • Identification: Documents like a valid or expired state ID, birth certificate with a photo ID, passport, or any government-issued document with your name, date of birth, and photo.
  • Proof of Spouse’s Citizenship: Your spouse’s U.S. passport, birth certificate, or Certificate of Naturalization.
  • 10 Years of Presence: Documents proving you have been in the U.S. for at least 10 years. This can include rent receipts, utility bills, school records, medical records, religious entity attestations, bank transactions, vehicle registrations, and tax documents.
  •  

For noncitizen children, gather documents like birth certificates or adoption decrees and proof of their presence in the U.S. as of June 17, 2024.

 

Watch out for Scams!

Unfortunately, immigration scams are everywhere. Remember, you cannot t apply for this process yet. Be wary of anyone offering to apply for you now—it is likely a scam. Only seek legal help from licensed attorneys or accredited representatives. Signs of a scam include guaranteed outcomes, high-pressure pricing, and requests to sign blank documents.

 

Stay tuned and get ready to take advantage of this new opportunity to keep your family together! If you have any questions or need assistance, feel free to reach out and email us or visit our website www.i-usa-s.com and schedule a free consultation today.

Our Head Attorney

PATRÍCIA PÉRISSÉ BOCHI, ESQ

USA Immigration Law Solutions offer quality legal services to our clients on a personalized basis...

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