On Monday, August 19, 2024, the U.S. Citizenship and Immigration Services (USCIS) will begin accepting requests for Application for Parole in Place for Certain Noncitizen Spouse and Stepchild of U.S. citizens. Only a USCIS filing guide was released today but there is no Federal Register notice that was published as we expected.
According to the USCIS, Form I-131F will only be available to file online.
Eligibility and Process
To be considered on a case-by-case basis for this process, an individual must:
- Be present in the United States without admission or parole;
- Have been continuously present in the United States for at least 10 years as of June 17, 2024; and
- Have a legally valid marriage to a U.S. citizen as of June 17, 2024.
In addition, individuals must have no disqualifying criminal history or otherwise constitute a threat to national security or public safety and should otherwise merit a favorable exercise of discretion.
Noncitizen children of potential requestors may also be considered for parole under this process if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship with a U.S. citizen as of June 17, 2024.
Upon receipt of a properly filed parole-in-place request, USCIS will determine on a case-by-case basis whether a grant of parole is warranted and whether the applicant merits a favorable exercise of discretion. All requests will take into consideration the potential requestor’s previous immigration history, criminal history, the results of background checks and national security and public safety vetting, and any other relevant information available to or requested by USCIS. USCIS has strong processes in place to identify and address potential fraud, which will be applied here to ensure the integrity of this program.
This parole in place does not apply to all those who are present in unlawful status as this is not an “amnesty.” This parole may be granted only to certain individuals who are present in the United States without admission.
For more information on eligibility and application process, contact Tancinco Law P.C. at 415 397 0808 or email us at law@tancinco.com.
