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Undocumented Immigrants Married to US Citizens Can Apply for Green Cards from August 19

gardner mendoza aug 19 parole in place

Certain undocumented immigrants married to U.S. citizens will be able to apply for residency in the United States under a new initiative intended to promote “family unity” after August 19.

At present, undocumented applicants married to American citizens have to return to their own countries and wait for months and even years for their paperwork to be processed. The Department of Homeland Security (DHS) announced a process to consider requests for parole in place for some noncitizen spouses of American citizens who have been living in the United States for at least a decade last month.

As family immigration lawyers, we are excited about the new process that will allow thousands of immigrants who are married to U.S. citizens to adjust their status without leaving the United States. 

The Department of Homeland Security estimates that about 500,000 undocumented spouses and 50,000 children under the age of 21, stepchildren of US citizens, could potentially benefit from the program. People eligible for this process have resided in the US for an average of 23 years. 

United States Citizenship and Immigration Services (USCIS) stated it is not currently accepting applications under Parole in Place. The agency will begin accepting applications on Aug. 19. Although you cannot file yet, you should consult an immigration lawyer and start preparing for the process.

How Do I Know If I Am Eligible for Parole in Place?

USCIS says eligibility is on a case-by-case basis. To be considered under the program you should:

  • Be present in the United States without admission or parole;
  • Have been continuously present in the country for at least 10 years as of June 17, 2024;
  • Be legally married to a U.S. citizen as of June 17, 2024;
  • Be free of any disqualifying criminal history or “otherwise constitute a threat to national security or public safety” and;
  • Otherwise merit a favorable exercise of discretion.

USCIS will provide further information on eligibility criteria in a forthcoming Federal Register notice. The department will also consider some noncitizen children of requestors if they were physically present in the United States as of June 17, 2024, without admission or parole, and are stepchildren of U.S. citizens.

What You Can Do to Prepare for Parole in Place

Although USCIS is not currently accepting applications and will reject early applications, you can begin to prepare to file a parole application by gathering as much evidence of your eligibility as possible. You should be ready to make an application on August 19. Your lawyer can help you prepare to file. You will need the following documentation: 

  • Evidence that you were legally married to a U.S. citizen as of June 17, 2024. Be sure to find your marriage certificate.
  • Documentation to prove your identity including;
    • Your birth certificate with photo identification, if possible;
    • Valid state or country driver’s license or identification; 
    • A valid passport; or 
    • Any government-issued document containing the requestor’s name, date of birth with a photograph. 
  • Evidence of your spouse’s U.S. citizenship, such as his or her passport, birth certificate or their Certificate of Naturalization;
  • Documentation to show your continued presence in the United States for at least a decade, as of June 17, 2024. 

USCIS says more information will be made available soon in the forthcoming Federal Register Notice but  examples of required documentation could include copies of:

  • Educational records such as report cards and letters; 
  • Rent receipts or utility bills;
  • Medical records;
  • Proof of your residency in the United States from churches, unions, or other organizations;
  • Money order receipts for currency sent into or out of the United States;
  • Birth certificates of children born in the United States;
  • Car license or other automobile records;
  • Dated bank transactions;
  • Property deeds, mortgages, or rental agreement contracts;
  • Insurance policies; or
  • IRS tax returns or tax receipts.

Noncitizen children of requestors will need evidence of eligibility including:

  • Evidence of your child’s relationship to the noncitizen parent. This should include a birth certificate or adoption decree;
  • Evidence that the child lived in the United States as of June 17, 2024. 
  •           Evidence of the noncitizen parent’s legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate.

Anyone interested in the Parole in Place process should consider creating or updating their USCIS account on the department’s website. USCIS is also warning potential applicants to beware of scams. Never pay for government application forms. The forms are free. You can download them here.

The family immigration lawyers at Gardner & Mendoza can help you with every step in the Parole in Place process. Please contact us via our website or call (757) 464-9224 to prepare for this exciting opportunity.

Related posts:

  1. K-1 Visa Processing Time, Cost and Information
  2. K-1 Visa to I-751 Request to Remove Conditions on Residency
  3. USCIS Fees Increase Oct. 2 – File Now To Save Hundreds of Dollars!
  4. Married Undocumented Immigrants May Gain Residency Without Leaving the U.S.

Filed Under: Immigration Blog Articles

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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

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