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Beginning August 19, 2024, USCIS will accept applications for the On-Site Parole Program for spouses and children or stepchildren of U.S. citizens.
What is this new program? Under the scheme, which began accepting applications on Monday, many undocumented spouses can apply for what is known as “parole in place,” which will give them permission to stay in the United States, a green card, and ultimately the possibility of citizenship.
The USCIS website explains it as follows:
On June 18, 2024, the Department of Homeland Security (DHS) announced an important step toward fulfilling President Biden’s commitment to promote family unity in the immigration system.
On August 19, 2024, DHS introduced the Keeping Families Together process, which allows certain spouses and stepchildren of non-citizen U.S. citizens to apply for parole under existing law.
Parole is the exercise of DHS’s discretionary authority under section 212(d)(5)(A) of the Immigration and Nationality Act (INA) to allow certain noncitizen “entry applicants” to remain in the United States temporarily on an individual basis for urgent humanitarian reasons or for substantial public benefit.
The INA defines an “admission applicant” in relevant part as a noncitizen “who is present in the United States and has not been admitted.” Noncitizens who are present in the United States without admission or parole may be considered for parole under this process because they are still “admission applicants.” Parole in the existing situation is only available to noncitizens who are present in the United States.
If granted parole and otherwise eligible, these noncitizens may apply to adjust their status to that of lawful permanent resident without leaving the United States and having the application processed by a U.S. consulate abroad. DHS estimates that 500,000 noncitizen spouses of U.S. citizens may be eligible for the Keeping Families Together program; on average, these noncitizens have lived in the United States for 23 years. In addition, approximately 50,000 noncitizen stepchildren of U.S. citizens are estimated to be eligible to apply for parole under the Keeping Families Together program.
There is also a video that briefly explains the process.
However, AP News reports that sixteen states – all governed by Republicans – have filed suit to end the program, which could potentially provide a path to citizenship for nearly half a million immigrants who do not have legal status but are married or related to U.S. citizens.
The coalition filed suit on Friday to stop the program, saying in court documents that the administration bypassed Congress to create a path to citizenship for “obvious political reasons.”
“This measure encourages illegal immigration and will cause irreparable harm to the plaintiff states,” says the lawsuit, filed in federal court in Tyler, Texas.
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