Protecting Undocumented Spouses of U.S. Citizens from Deportation: President Biden’s Proposed Policy 

By Elliot Rahimi

WHAT IS “PAROLE IN PLACE”?

The Biden administration has proposed an action that will significantly assist the undocumented spouses of U.S. citizens. If approved, approximately 500,000 immigrants will be protected from deportation. This program, referred to as “parole in place”, will not only pose as deportation defense, but it is also intended to simplify the path to permanent residency and U.S. citizenship. In addition, some sources claim that undocumented immigrants will be permitted to obtain work permits if the spouses have been married for at least ten years and have resided in the United States prior to being eligible to apply for the work permit. Ultimately, this new rule would enable eligible undocumented spouses to receive work permits and deportation protections, offering them an opportunity to remain in the U.S. with their families while they pursue permanent residency and citizenship without having to depart the United States.

“Parole in place” specifically targets those who face legal barriers due to their method of entry into the United States. This policy is designed to assist undocumented immigrants who face legal barriers that usually prevent them from obtaining permanent residency, enabling them to adjust their status. The process includes receiving a temporary work permit and an I-94 travel form, which is important in adjusting their status to that of a lawful permanent resident based on marriage. 

This pathway shows the administration’s dedication to keeping families together by providing a legal way to help families stay together in the U.S. Also, this decision follows recent administrative decisions on how to offer protections for immigrants with long-standing U.S. ties, amidst a backdrop of restrictive measures at the U.S.-Mexico border which includes a suspension of asylum processing for many new arrivals. 

CONTACT RAHIMI LAW FIRM P.C. TODAY 

Rahimi Law P.C. is here to guide you through the new “parole in place” policy and help you in securing your permanent residency. Our legal team specializes in understanding the details of each case and providing expert legal advice to optimize your chances of gaining a green card in the United States. We are committed to helping you understand your rights and the steps necessary to navigate this new policy effectively, so that you have the support needed to obtain permanent residency. Contact Rahimi Law Firm P.C. today! 

About the Author

Elliot A. Rahimi, Esq. is the founder and managing attorney of the Rahimi Law Firm, known for his extensive experience in handling a wide range of immigration and litigation cases. He regularly represents clients before Immigration Courts and USCIS, vigorously working to secure immigration relief and legal status. With a strong track record, Mr. Rahimi excels in winning appeals and motions before the Board of Immigration Appeals and the U.S. Court of Appeals for the 2nd Circuit. His expertise also covers transactional immigration matters, including various visa categories and family-based petitions. Admitted to practice in New York, he is an active member of the New York Bar Association, American Bar Association, and American Immigration Lawyers Association. Mr. Rahimi graduated from the Benjamin N. Cardozo School of Law, where he was involved in the Moot Court Honor Society and competed internationally. In his free time, he enjoys traveling and spending quality time with his family.