In June 2024, the US government announced a new legal protection policy for spouses of undocumented US citizens. As expected, the application process started on August 19, 2024. Find out who can participate in the program and what documents must be provided for legalization in the USA

On June 18, 2024, the White House and the US Department of Homeland Security announced a new policy aimed at protecting the spouses of US citizens living in the state without documents. Under the new law, family members will receive temporary legal status and a potential path to citizenship. It is expected that such actions will allow legalization of thousands of foreigners.

As planned, the application process began on August 19, 2024. More on the conditions and procedure for obtaining a permit.

What has changed for spouses of US citizens after the new policy was approved?

The new policy is called Parole in Place Program (PIP) and is part of a Department of Homeland Security (DHS) program aimed at promoting family unity in the immigration process, a commitment by the Biden administration.

As part of the program, family members of a US citizen will receive a legal path to obtaining permanent residence (for example, a green card), and will then be able to apply for citizenship. Also, the program will allow foreigners to bypass certain US legal obstacles that currently prevent them from obtaining permanent residence if they entered the country illegally.

The advantage is that the procedure does not require a person to travel outside the United States.

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How many people will participate in the program?

Nearly 500,000 spouses of US citizens and about 50,000 children under the age of 21 are projected to be eligible for parole.

What benefits will people who participate in the parole program receive?

After parole, the recipient will be considered to be in the US on the basis of authorization and the person will be eligible to apply for a work permit.

To do this, PIP-eligible individuals will be given a three-year period in which to apply for a change of status. During this time, foreigners will have the right to a work permit and will be protected from deportation.

Who can participate in the parole program for spouses of US citizens?

Undocumented individuals currently in the U.S. may qualify for the new program if they meet the following criteria:

- Are in the US without permission or parole.

- Were legally married to a US citizen as of June 17, 2024.

- As of June 17, 2024, have lived in the US for at least 10 years.

- They do not have a criminal past.

- Received the right to issue a permit in another case (at the discretion of the US Department of Homeland Security).

Importantly! In the accompanying FAQ section, USCIS clarified that certain short absences from the United States of America will not violate the requirement of continuous physical presence in the United States as of June 17, 2014.

Illegal stepchildren of US citizens may also be eligible for parole. To qualify, children must be physically present in the United States without admission or parole and have an eligible stepchild relationship with a US citizen as of June 17, 2024. To qualify as a stepchild under US immigration law, a child must be under the age of 21 and unmarried, and be under the age of 18 at the time of the marriage that created the stepchild relationship.

Disqualification of people with criminal responsibility

Persons convicted of serious crimes will not be eligible to participate in the PIP program.

In addition, certain specifically listed offenses, including firearms, aggravated assault, domestic violence, child abuse/abuse/abandonment, and prohibited substance offenses will be automatically disqualifying.

All other criminal convictions, with the exception of minor traffic violations, will be vacated on a case-by-case basis by weighing the seriousness of the offense against mitigating and compensating positive factors.

Individuals facing criminal charges will not be eligible to apply for on-the-spot parole, regardless of the nature of the charges.

When will it be possible to apply for parole for spouses of US citizens?

The Department of Homeland Security is already accepting parole applications for spouses of US citizens starting August 19, 2024.

Applicants must submit USCIS Form I-131F and supporting documentation online. Paper applications are not accepted. Documents must be submitted through the myUSCIS online registration system. The filing fee is $580. There are no grounds for exemption from payment.

Supporting documentation for PIP application

List of documents for obtaining PIP on the basis of marriage:

1. Proof of a legally valid marriage to a US citizen as of June 17, 2024 (for example, a marriage certificate). International marriages may qualify if they are legally valid under the law of the domicile.

2. Identity documents, including expired documents, such as:

- Valid state or country driver's license;

- Birth certificate with photo card;

-A valid passport or any government document showing the applicant's name, date of birth and photographs.

3. Proof of spouse's US citizenship, such as a passport, birth certificate, or naturalization certificate;

4. Documents proving continuous physical presence in the United States since at least June 17, 2014, including rent receipts, residential records, school records, medical records, financial records, and tax receipts and returns, etc.

Supporting documentation for applications from unregistered stepchildren of US citizens:

1. Confirmation of identity (as above);

2. Birth certificate of a stepson indicating the name of a non-citizen as the natural father/mother;

3. Document proving the non-citizen parent's legally valid marriage to a US citizen on or before June 17, 2024 (as specified above);

4. Confirmation of US citizenship by stepfather (as above);

5. Evidence of the stepchild's permanent physical presence in the United States as of June 17, 2024.

Applicants may need to report to the USCIS Application Support Center to provide their biometrics.

After applying for PIP, the applicant is subject to criminal and background checks.

We will remind you! The US Citizenship and Immigration Services (USCIS) announced the second round of the H-1B visa lottery. Read in this article why it was decided to hold an additional draw and who will soon be able to get the long-awaited work permit in America.

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Igor Usyk - Head of Migration department at VisitWorld

To ensure a safe trip abroad, I advise you to contact a specialist. My colleagues, qualified specialists with legal education, will help you avoid unpleasant situations while traveling around the world.

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