The Law Offices of Daniel Shanfield Immigration Defense PC is excited to share with you a new policy announcement from USCIS and Pres

The Law Offices of Daniel Shanfield Immigration Defense PC is excited to share with you a new policy announcement from USCIS and Pres. Joe Biden that may impact many of you. Effective June 18, 2024, USCIS has implemented a new parole-in-place process for certain non-citizen spouses of U.S. citizens that will allow them to apply for legal permanent residency without having to leave the United States.

This process will be considered on a case-by-case basis and is applicable to those who:

• Have lived in the United States for 10 years or more.
• Do not pose a threat to public safety or national security.
• Are eligible to apply for an adjustment of status.
• Deserve a favorable exercise of discretion.

It is estimated that approximately 500,000 non-citizen spouses of U.S. citizens could be eligible for this process. On average, these non-citizens have resided in the United States for 23 years. Additionally, about 50,000 children of these spouses will also be eligible for this process.

It is important to note that non-citizens who pose a threat to national security or public safety will not be eligible for this process.

To be considered under this new process, the 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.
• Have a legally valid marriage with a U.S. citizen as of June 17, 2024.
• No disqualifying criminal history or pose a threat to national security or public safety, and otherwise deserve a favorable exercise of discretion.

Non-citizen children of potential applicants 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.

USCIS will determine on a case-by-case basis whether the grant of parole is justified and whether the applicant deserves a favorable exercise of discretion. A notice will be published in the Federal Register that will describe the specific steps to consider under this program.

More information about eligibility and the application process, including a notice in the Federal Register, will be published soon. USCIS will reject any individual applications or petitions received before the application period begins later this summer.

If you or someone you know could benefit from this new process, please do not hesitate to contact us. Our team of specialized immigration law attorneys is ready to review your legal options and guide you through this new pathway to legal permanent residency.