US Citizenship and Immigration Services (USCIS) has just announced a new initiative by the Department of Homeland Security (DHS) to uphold family unification efforts within the nation’s borders. This new move, announced on June 18, aims to assist noncitizen spouses of US citizens as part of the current administration’s commitment to keep families together.
This new initiative will allow the DHS to consider applications for parole placed by noncitizen spouses who have been in the US for a minimum of ten years, to be decided by the department on a case to case basis. What this means is that those who qualify may apply for permanent residence without having to first leave the country.
Of course, taking advantage of these new updates means having to understand the details and their implications for one’s specific immigration case. When you’re in need of personalized legal assistance in any state, our immigration lawyers at Singh Ahluwalia Attorneys at Law stand ready to help.
Overview of the New Parole Process
Under the current legislation, noncitizen spouses of any US citizen are allowed to apply for permanent residence in the country through their marriage. However, the current process takes time, often requiring individuals to leave the country due to visa expiry dates before processing their applications abroad.
This, unfortunately, means that an American citizen’s family may be separated from their loved one for prolonged – and sometimes even indefinite – amounts of time. While the DHS admitted in a previous fact sheet that immigration is “broken” and only Congress can fix it, this move potentially allows the department to incentivize family unity within the scope of its existing powers.
Eligibility Criteria
These are the criteria an applicant has to meet in order to qualify for discretionary parole.
- Presence in the U.S. without admission or parole: Applicants must have entered the US through channels outside the usual means, such as by bypassing an inspection or overstaying a visa.
- Continuous presence for at least 10 years: Applicants must have been on US soil for at least ten continuous years as of June 17, 2024.
- Legally valid marriage to a U.S. citizen: Applicants must have entered a legally binding marriage to a citizen of the USA as of June 17, 2024.
- No disqualifying criminal history: Criminal history or suspicion of a threat to national safety will serve as grounds for disqualification and/or rejection of an application.
- Favorable exercise of discretion: This essentially means an applicant needs to prove to immigration authorities that parole is a good diea, either by showing their presence has been shown to benefit the American community, or, at the very least, they they have been upstanding citizens in all but label and deserve a chance to stay.
The DHS may also consider noncitizen children of applicants, provided they were physically present in the country or on parole and qualify as stepchildren of a US citizen (as of June 17, 2024). Currently, the DHS estimates roughly half a million spouses of US citizens are eligible for the new process, benefitting both them and up to 50,000 children currently in the country.
Application Process and Timeline
USCIS has not yet implemented the new process, and until it is, applications will automatically be rejected. The agency will begin processing applications starting August 19, 2024.
USCIS will release a Federal Register notice prior to August 19. This notice will include details regarding the application, including necessary forms and fees.
What This Means for You
The USCIS alert outlines several important updates aimed at improving the process for family-based immigration cases. Here’s a breakdown of the major changes:
- Streamlined Process for Parole in Place: Assuming you qualify, you will no longer have to leave the country while awaiting citizenship. You can process your application without having to be separated from your spouse and without having to go through an embassy.
- Enhanced Support for Documentation Requirements: Guidelines and requirements are expected to be clearer than current legislation, allowing you to go through the process quicker, especially when aided by a legal professional.
- Increased Flexibility in Discretionary Decisions: Because the update to the process will determine eligibility on a case-to-case basis, USCIS should be able to afford a greater degree of flexibility for those facing unique or especially complicated circumstances that have so far prevented them from securing citizenship.
Protect Yourself From Immigration Scams
Unfortunately, changes in legal processes often mean a rise in bad actors looking to profit off of the confusion. This potential for scams is also a driving factor for why USCIS does not intend to release official information regarding the process early.
Awareness of potential immigration scams is extremely important in order to protect you and your family’s right to remain on American soil. To this end, avoid fixers and unlicensed “consultants,” and trust only licensed attorneys or accredited representatives when looking for legal advice on immigration matters.
Signs of Immigration Scams
There are several red flags to watch out for in order to protect oneself from :
- Guaranteed outcomes: Legitimate practitioners will never guarantee results.
- Predatory pricing structures: Fee arrangements should not involve handing over any sum of money before, at the very least, a case evaluation
- Signing blank documents: Blank forms and documents should never be signed. Any such document bearing your signature can be used for fraudulent purposes or, at worst, as an active means to attack you.
- Keeping your signature on file: Do not give authority to a practitioner to keep your signature for future use. A good attorney will request the use of your signature for specific documents when it is needed and inform you of its use.
Contact Singh Ahluwalia for Expert Immigration Legal Assistance
If you are dealing with family-based immigration issues or need assistance navigating the new USCIS updates, our experienced immigration lawyers at Singh Ahluwalia are here to help. We provide personalized legal services tailored to your specific needs, ensuring that you receive the support and guidance necessary to achieve a successful outcome.
For expert advice and representation, contact us today. Visit our immigration lawyer page to schedule a consultation and take the next step in your immigration journey, or call us at (559) 878-4958.
