Adjust Status for Undocumented Spouse of U.S. Citizen

If you are a U.S. citizen with an undocumented spouse, understanding how to adjust their immigration status can be challenging. Recent policy updates under President Biden’s administration have introduced the Parole in Place (PIP) program, providing a new pathway for undocumented spouses to adjust their status without having to leave the United States. This guide aims to provide detailed information on the PIP process, eligibility requirements, potential challenges, and the supportive role of a qualified immigration attorney.

What is Parole in Place?

The Parole in Place program allows undocumented spouses of U.S. citizens who have lived in the United States for at least ten years to apply for a temporary stay and work authorization. This program can serve as a crucial step towards obtaining lawful permanent resident status (a green card) through adjustment of status.

Key Benefits of Parole in Place:

1. Stay in the U.S.: Applicants do not need to leave the country to adjust their status.
2. Work Authorization: Immediate eligibility for a work permit under 8 C.F.R. § 274a.12(c)(11).
3. Path to Permanent Residency: Eligible applicants can apply for a green card without filing a waiver for past unlawful presence.

Eligibility Requirements

To qualify for the Parole in Place program, the following conditions must be met:

1. Marital Status: Applicants must be married to a U.S. citizen.
2. Residency Duration: Must have resided in the United States for at least ten years as of June 17, 2024.
3. Case-by-Case Assessment: Each application will be evaluated individually by the Department of Homeland Security (DHS).

The Adjustment of Status Process

Step-by-Step Guide:

• Consultation with an Immigration Attorney:

Seek guidance from an attorney to assess your case and determine the best course of action.

•  Filing the Application:

Complete and submit Form I-485, Application to Register Permanent Residence or Adjust Status.

Include supporting documents such as proof of marriage, residency, and any other required documentation.

• Biometrics Appointment:

Attend a biometrics appointment to provide fingerprints, photos, and signatures for background checks.

• Interview with USCIS:

Prepare for and attend an interview with U.S. Citizenship and Immigration Services (USCIS). An attorney can help you prepare for this crucial step.

• Await Decision:

USCIS will review your application and make a decision. If approved, you will receive your green card.

Navigating the Process Successfully

Tips for Success:

1. Act Quickly: Given the program’s vulnerability to political changes, initiate the application process as soon as possible.
2. Stay Informed: Stay on top of any changes to immigration policies that may affect your application.
3. Seek Legal Advice: Work with an experienced immigration attorney to navigate complex legal requirements and increase the likelihood of a favorable outcome.

How Joseph & Hall P.C. Can Help

With over 25 years of experience in immigration law, Joseph & Hall P.C. has built a national reputation for excellence. Our commitment to personalized attention and superior customer service ensures that each client receives the support they need to achieve their immigration goals.

Why Choose Joseph & Hall P.C.?

1. Experience: Decades of successful representation in immigration matters.
2. Comprehensive Services: From initial consultation to final approval, we handle all aspects of the process.
3. Client Commitment: Dedicated to protecting immigrants’ rights and advocating for family unity.

Contact Us

If you or a loved one is seeking to adjust their status through the Parole in Place program, contact us today to schedule a consultation. Our team of immigration attorneys is here to help you navigate this critical process successfully. For more information or to discuss your case, please contact us.