FAQs About Biden’s Parole Program for Undocumented Spouses of U.S. Citizens
On July 17, 2024, USCIS released a news alert stating that it would begin accepting applications on August 19, 2024, for the parole program that would allow for undocumented spouses of U.S. citizens who meet certain requirements to get parole, which would then allow them to apply for a green card in the U.S. without having to leave if they are approved for parole. I have done a few Tik Tok videos about it and a lot of the same types of questions were asked. Here are the frequently asked questions I’ve gotten about this parole program:
- What are the requirements to apply for this?
- Be present in the United States without admission or parole (meaning you entered the U.S. without documents);
- Have been continuously present in the United States for at least 10 years as of June 17, 2024;
- Have a legally valid marriage to a U.S. citizen as of June 17, 2024 (if you got married to a U.S. citizen after this date, you don’t qualify. If you are married to a green card holder, you also don’t qualify);
- Not have any disqualifying criminal history or otherwise constitute a threat to national security or public safety; and
- Otherwise merit a favorable exercise of discretion.
- What if I have a removal order?
- This parole program does not forgive prior removal orders.
- What if I am subject to the permanent bar?
- This parole program does not forgive the permanent bar.
- What if I already have a work permit through another immigration benefit?
- If you meet the requirements to apply for this parole program, you can apply for it even if you have a work permit through another immigration benefit such as DACA, a pending asylum case, a pending U visa case, or TPS.
- What if I have another immigration case filed and it’s pending? Can I still apply for this?
- Yes, you can.
- How long will this parole take?
- We don’t know yet.
- What happens after I get approved for Biden’s parole?
- If you are approved for parole, you could be eligible to apply for a marriage-based green card based on your marriage to a U.S. citizen, and not have to leave the U.S. to interview at a U.S. consulate abroad.
- What if I was deported before and then I came back without documents?
- This parole program does not forgive prior removals, and you could be subject to the permanent bar, which this parole does not waive.
- I just submitted the I-130 petition. Can I still apply for this?
- Yes, you can.
- What if my I-130 has been approved? Can I still apply for this?
- Yes, you can. If your I-130 has been approved, you could be eligible to file for your green card right after the parole is approved.
- What if I am at the NVC stage of my case? Should I apply for this if I qualify?
- That is a decision you will have to make depending on where you are in the case and if you prefer to finish your current case. However, you can still apply for this parole program no matter what stage you are at in your immigration process as long as you are in the U.S.
- My I-601A waiver has been approved and now I’m just waiting for my interview to be scheduled at the consulate. Can I still apply for this?
- You can still apply for this. If you are approved, you wouldn’t have to leave the U.S. and could apply for your green card in the U.S. based on your marriage to a U.S. citizen.
- If I have a pending immigration case, will applying for parole speed up my pending case?
- Not necessarily
- What if I have DACA? How does this benefit me?
- You can still apply for this because this could allow you to apply for a green card based on marriage to a U.S. citizen without having to leave the U.S.
- I have DACA and it’s time for me to renew, but I qualify for this. Should I renew my DACA?
- This is a personal decision, but my opinion is that it’s always a good idea to renew your DACA just in case. If someone’s DACA has expired for more than a year, they will no longer be able to renew it as of the writing of this blog post.
- I can apply for advance parole (travel document) based on the immigration benefit I have. Should I still apply for this or is it better to apply for advance parole?
- This is a personal decision. If you can apply for advance parole and are approved, you must leave the U.S. and when you come back in, it’s considered a paroled entry, which could qualify you to apply for a green card based on marriage to a U.S. citizen. Also, some people in this situation may not be able to qualify for this parole program, but qualify to apply for advance parole. If you go through the advance parole process, you can skip applying for this parole program. However, if the thought of leaving the U.S. scares you even if you can apply for advance parole, this parole program is an option if you meet the requirements.
- What if I am no longer married to a U.S. citizen?
- You have to be married to a U.S. citizen when you apply.
- Could this parole program be taken away?
- Yes, there is always a possibility. For example, a lawsuit could be filed to stop this program, and a judge could decide to stop it.
- If I apply for this parole and am denied, could I be deported?
- That is always a risk whenever you apply for any immigration benefit, and you are denied. If you have a prior removal order or have the permanent bar, it may not be a good idea to apply for this parole. If you have questions on whether or not you qualify to apply for this parole program, it is always a good idea to talk to an immigration attorney.
If you are unsure if you qualify for this parole program or if this is a good option for you, it’s important to talk to an immigration attorney about your circumstances so you can get a better idea if this is for you. I’m an immigration attorney located in Salt Lake City, UT, but I’m able to help and advise people located anywhere in the U.S. and the world as long as it’s about U.S. immigration law. I would be happy to talk to you about your situation to see what options you have to get a green card. You can schedule a consultation here or by calling my office at 801-883-8204.
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