• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Gardner & Mendoza, PC

Award Winning Immigration Law Firm

Call Now To Schedule Your Consultation (757) 464-9224
Contact Us

Main navigation

  • Home
  • About Us
    • Our Story
    • Our Attorneys
      • John Gardner
      • Radlyn Mendoza
      • Sarah K.F. Lollar
      • Domini Samson
    • Our Star Staff
    • Job Openings
  • What We Do
    • Marriage & Fiance Visas
    • Family-Based Immigration
      • I-130 Petition For Your Family Members
      • EB-5 Investor Visas for Families
      • R-1 Religion Visas for Families
    • Citizenship and Naturalization
    • Green Cards
      • Green Card Renewal
    • Employment-Based Immigration
    • Military Immigration
    • Adjustment of Status
    • Business Immigration
    • DACA (Deferred Action for Childhood Arrivals) Immigration Service
    • Criminal Immigration
      • Marriage Fraud
    • See All Immigration Services
  • Information
    • Visa Processing Times
    • Immigration Blog
    • Immigration Visa Overview
    • Different Immigration Visas & Forms
    • Newsletters
    • Immigration Video Library
    • Photo & Video Gallery
    • Pay Your Bill
  • Testimonials
  • Contact
  • En Espanol
  • Home
  • About Us
    • Our Story
    • Our Attorneys
      • John Gardner
      • Radlyn Mendoza
      • Sarah K.F. Lollar
      • Domini Samson
    • Our Star Staff
    • Job Openings
  • What We Do
    • Marriage & Fiance Visas
    • Family-Based Immigration
      • I-130 Petition For Your Family Members
      • EB-5 Investor Visas for Families
      • R-1 Religion Visas for Families
    • Citizenship and Naturalization
    • Green Cards
      • Green Card Renewal
    • Employment-Based Immigration
    • Military Immigration
    • Adjustment of Status
    • Business Immigration
    • DACA (Deferred Action for Childhood Arrivals) Immigration Service
    • Criminal Immigration
      • Marriage Fraud
    • See All Immigration Services
  • Information
    • Visa Processing Times
    • Immigration Blog
    • Immigration Visa Overview
    • Different Immigration Visas & Forms
    • Newsletters
    • Immigration Video Library
    • Photo & Video Gallery
    • Pay Your Bill
  • Testimonials
  • Contact
  • En Espanol
Call
Contact
Blog

Married Undocumented Immigrants May Gain Residency Without Leaving the U.S.

gardner mendoza married undocumented gain residency 2024

Undocumented immigrants who are married to U.S. citizens stand to gain a path to permanent residency and protection from deportation under a sweeping new immigration reform proposed by the Biden administration.

The Department of Homeland Security detailed the new process to “promote family unity in the immigration process” as CD on June 17. As family immigration lawyers we are excited about a change that would allow thousands of immigrants to adjust their status without having to leave the United States. Those who stand to benefit from this process have lived in the United States for over a decade but face uncertainty about their future under the existing law.

The new proposal known as “Parole in Place,” promises to open up a pathway to permanent legal status and even U.S. citizenship for some undocumented immigrants through the removal of an obstacle in U.S. law that prevents people who entered the U.S. illegally from obtaining green cards without leaving the country. The action will provide legal status and protections for about 500,000 American families as well as 50,000 noncitizen children of immigrants under the age of 21 whose parent is married to a US citizen.

Biden described the change as a “common sense fix” to a cumbersome immigration system. He said spouses of undocumented immigrants currently have to return to their home nations to apply for legal status and live in fear of deportation. “They have to leave their families in America with no assurance that they will be allowed back into the United States,” he said.

The Biden administration also plans to streamline the process for so-called DREAMers and other undocumented immigrants to obtain waivers that would make it easier for them to apply for temporary visas, such as H-1B visas for highly skilled workers. The DREAMers were brought into the United States as children. Many are protected under the Deferred Action for Childhood Arrivals (DACA) program.

DHS states it will more efficiently process some employment-based nonimmigrant visas for eligible individuals, including DACA recipients and undocumented applicants, who have graduated from an accredited U.S. institution of higher education.

Are you Eligible for Parole in Place?

DHS estimates that about 500,000 noncitizen spouses of U.S. citizens may be eligible for Parole in Place. On average, these noncitizens have lived in the United States for 23 years. 

To be considered on a case-by-case basis for the new process you must:

  • Live in the United States without parole or admission;
  • Have been continuously present in the United States for at least 10 years as of June 17, 2024; and,
  • Be legally married to a U.S. citizen as of June 17, 2024.

Applicants for Parole in Place must have “no disqualifying criminal history” and not pose a threat to national security or public safety, according to the notice.

Can Children of Recipients Qualify for Parole in Place?

Yes. The Department of Homeland Security says children of applicants who are not citizens may also be considered for parole if they are physically present in the country without admission or parole and are in a qualifying stepchild relationship to a U.S. citizen as of June 17, 2024.

What is the Application Process for Undocumented People Married to U.S. Citizens?

The DHS will detail the process over the next few weeks. Applicants should file a form with United States Citizenship and Immigration Services (USCIS) along with supporting documentation to show they meet the three main requirements and pay a yet-to-be-disclosed fee. A notice in the Federal Register giving more details will be published in the “near term.”

Your experienced immigration attorney will advise you on when to apply under the new process. USCIS will reject any filings or individual requests it receives before the date when the application period begins later this summer.

USCIS will determine on a “case-by-case basis” whether an applicant is eligible for Parole in Place. The department will consider the requestor’s previous immigration history, criminal history, the results of detailed background checks and public safety, and national security vetting, as well as all other relevant information to prevent potential fraud.

Talk to an Experienced Immigration Attorney About Parole in Place.

The prospect of a path to permanent residency or even citizenship for undocumented immigrants married for over a decade to U.S. citizens is to be welcomed. However, the program faces many uncertainties and is likely to be complicated. It may be subject to a legal challenge from opponents. You should contact an experienced immigration lawyer to check if you may be eligible and improve your chances of success. Please call Gardner & Mendoza at (757) 464-9224 for assistance. 

Related posts:

  1. Pilot Program to Allow Domestic H-1B Visa Renewals Will Begin in January
  2. Understanding The DS-160 Nonimmigrant Visa Application
  3. What Happens if I Move After Applying for Citizenship?
  4. Undocumented Immigrants Married to US Citizens Can Apply for Green Cards from August 19

Filed Under: Immigration Blog Articles

Primary Sidebar

Get Help Now

Contact Us

Practice Areas


  • Family Immigration

  • Citizenship &
    Naturalization

  • Military Immigration

  • Business Immigration

  • DACA


  • Processing Times

  • Other Immigration

Testimonials

Well, hard to believe… job done! I’m frank to admit I had no idea that it would be so involved compared to 10 years ago when I did the renewal myself. Happily I was fortunate enough to find the best people to help get it done this time. When I was a working stiff it was mostly as a field guy in sales & marketing. High tech communication in those days was a pay phone in customers’ lobbies, so someone back in the office skilled in dealing w/problems was absolutely essential when I couldn’t be contacted. Most of those who supported me that way were good at what they did, some were outstanding. None were better than you!! This tedious & sometimes worrisome process would have been unbearable without your keeping it, & me, on track. So we want to extend our thanks to you and Radlyn. Hoping for Gardner & Mendoza to continue the good work for many years to come. - Anonymous
Gardner and Mendoza Law Firm is a great law firm no matter what kind of situation you may be in! For example I had court today, John Gardner, my attorney represented me today and got the charged dismissed totally the first time we both appeared in front of the judge in Virginia Beach Traffic Court. He uses every bit of knowledge he can to help you get the best results!! He also works very well with Latinos! They have a Spanish speaking person in their office at all times!! - Sebastian
My husband and I had a great experience with Mrs. Mendoza. She provided excellent information and a sense of urgency with every step of our immigration process. Her team was always supportive in getting us the information we needed throughout the whole process. This legal firm also treats their clients with the highest levels of respect. In all of Virginia I would say that the Gardener & Mendoza team is the best recommendation for same sex immigration cases and for immigration cases in general. It was a pleasure to work with them. - Anonymous
I Highly Recommend Radlyn Mendoza, An Excellent Immigration Lawyer. My wife and I were very worried about my wife’s immigration and legal status. We were quite impressed with Attorney Mendoza during our initial consultation. She proved to be a smart, knowledgeable, and very capable immigration attorney. She and her staff were very helpful and responsive to all of our requests. Kudos to her and staff, especially Leesa, for successfully handling our case. Thanks for a job well done. - Thomas and Cheong W.
My daughter received a reckless driving ticket going 60 in a 35 mph zone, so understandably, I was very concerned. In court, Mr. Gardner was able to get the reckless driving charge and ticket completely dismissed due to his knowledge of what the police officer had to present in court. Mr. Gardner was a familiar face to the judge and the clerks in the Virginia Beach courthouse. When we contacted John Gardner’s office at Gardner & Mendoza, he and his staff made us feel comfortable by explaining the whole process to us. His track record and the reviews online helped make the decision to choose Mr. Gardner over other attorneys easy. I highly recommend Mr. Gardner. He gave us peace of mind and won the case too! - Michelle

Recent Posts

  • What to Expect from Immigration Policy Under the Trump Administration: Real Talk
  • Can Permanent Residents Register to Vote? USCIS Policy Alert 2024
View More Posts

Footer 1

Get Help Now

Please fill out the short form below & we’ll tell you how we can help.


Footer 2

Contact Us

Gardner & Mendoza, P.C.
909 First Colonial Rd., Suite 100
Virginia Beach, VA 23454
  • 757-464-9224
  • 757-561-0999
Speak To a Lawyer Today :

Our main law office is conveniently located in the Hilltop section of Virginia Beach, near Sentara Virginia Beach General Hospital and Oceana Naval Base.

Job Openings

Footer 3

Our Lawyers

  • John Gardner
  • Radlyn Mendoza
  • Sarah K.F. Lollar
  • Domini Samson

Our Services

  • Change of Status
  • Family Immigration
  • Citizenship & Naturalization
  • Military Immigration
  • Business Immigration
  • DACA
  • Processing Times
  • All Immigration

Footer 4

Facebook Pagelike Widget

Connect With Us

  • Facebook
  • LinkedIn
  • Twitter

Footer 5

Accepted Payment Methods

© 2025 Gardner & Mendoza, P.C. | All rights reserved | Disclaimer