New Protections for Undocumented Spouses of U.S. Citizens

By Elliot Rahimi

On June 18, 2024, the Biden administration announced a significant policy change that will provide temporary legal status and a potential path to citizenship for undocumented immigrants married to U.S. citizens. Known as “parole in place” (PIP), this policy is part of the Department of Homeland Security’s efforts to support family unity, in line with the Biden-Harris administration’s commitment to keeping families together. USCIS will start accepting applications for this program on August 19, 2024.

Understanding Parole in Place (PIP)

The PIP policy will allow undocumented spouses of U.S. citizens to receive temporary work permits and legal status. This enables them to bypass certain legal barriers that currently prevent them from obtaining permanent residency if they entered the country without proper documentation. With parole in place, these individuals can eventually apply for green cards and, ultimately, U.S. citizenship without having to leave the country.

Eligibility Requirements

To qualify for parole in place, applicants must meet several criteria. They must have been continuously present in the U.S. for at least ten years as of June 17, 2024, and be married to a U.S. citizen by that date. They should not have any disqualifying criminal history or pose a threat to national security or public safety. Additionally, the policy extends to certain noncitizen children of these spouses, provided they have a qualifying stepchild relationship with a U.S. citizen.

Preparing for the Application

While applications will not be accepted until August 19, 2024, potential applicants can begin preparing by gathering necessary documents, such as proof of marriage and identity. Ensuring all paperwork is in order will help streamline the process once the application window opens. Rahimi Law Firm P.C. is here to assist with every step of this process, from gathering documentation to navigating the application requirements. Our experienced team is ready to provide the support and guidance needed to secure your family’s future.

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.