Biden Parole Program for Spouses of U.S. Citizens

The Biden Administration is reportedly set to announce a program which would allow people without immigration status to apply for Parole in Place if they are married to a U.S. citizen and have lived in the United States for at least ten years. Further details about eligibility requirements have not yet been announced but could come this week.

Why is this a big deal?

Eligibility for Work Permits

Being paroled under this authority would open up immediate eligibility to apply for a work permit under the regulations at 8 C.F.R. § 274a.12(c)(11).

Eligibility for Green Card

Having been paroled allows people who would otherwise be ineligible due to an illegal entry to the U.S. to apply for their lawful permanent resident status through adjustment of status. For many spouses of U.S. citizens, this will mean that they do not have to leave the United States to get their green card and do not have to file for a waiver of past unlawful presence.

Quick Action Recommendations

We highly recommend that spouses of U.S. citizens consult with a qualified immigration lawyer.  This announcement may well open a new path for them.  But it will likely be important to act extremely quickly.  This program is a creation of the Biden Administration.  If President Biden is voted out of office in November, it is highly likely that an incoming Trump Administration would immediately cancel the program.  In addition, the program will likely face challenges in federal courts.

Applications would have to be processed and approved quickly for people to benefit.  But if the application is approved and the person is paroled, they will still benefit from having been paroled even if the program is later cancelled.

Each situation is different, and each individual should consult with a lawyer before deciding on a course of action.  But the window for benefiting from this program could be extremely limited.

If you or a loved one would like to discuss how this program could affect your case, click this schedule a consultation link.

Biden preparing to offer legal status to undocumented immigrants who have lived in U.S. for 10 years

CBS News

Camilo Montoya-Galvez