inadmissibility

USCIS sent out an email regarding the Biden Administrations recent executive action to allow the spouses of US citizens who have been living in the US for ten years and who entered without inspection to get parole in place in order to become eligible for adjustment of status allowing them to bypass the need of obtaining an I-601A. The announcement refers to the program as the “Process to Promote the Unity and Stability of Families.”

The Department of Homeland Security (DHS) had announced this on On June 18, 2024. There are no details available yet about the process beyond the basic eligibility criteria. We still don’t know the process for applying, how the applications will be adjudicated, or anything else.

The email states that USCIS will begin accepting applications on August 19, 2024. It says that if you apply before August 19, 2024, USCIS will reject the application.

To get the details about eligibility and the application process will all have to wait for the final rule to be published in a forthcoming Federal Register notice.

Who is Eligible?

To be considered for a discretionary grant of parole, on a case-by-case basis, under this process, you must:    

• Be present in the United States without admission or parole; 
• Have been continuously present in the United States for at least 10 years as of June 17, 2024; 
• Have a legally valid marriage to a U.S. citizen as of June 17, 2024; 
• Not have any disqualifying criminal history or otherwise constitute a threat to national security or public safety; and 
• Otherwise merit a favorable exercise of discretion. 

What You Can Do Now 

Although we are not currently accepting applications, you can begin to prepare to file a parole application by gathering evidence of your eligibility, such as:  

• Evidence of a legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate; 
• Documentation of proof of identity, including expired documents may include:  
• Valid state or country driver’s license or identification;  
• Birth certificate with photo identification;  
• Valid passport; or  
• Any government issued document bearing the requestor’s name, date of birth, and photo. 
• Evidence of your spouse’s U.S. citizenship, such as a passport, birth certificate or Certificate of Naturalization; 
• Documentation to establish your continued presence in the United States for at least 10 years, as of June 17, 2024. While more information will be made available in the forthcoming Federal Register Notice and subsequent FAQs, examples of documentation could include copies of: 
• Rent receipts or utility bills; 
• School records (letters, report cards, etc.); 
• Hospital or medical records; 
• Attestations to your residence by religious entities, unions, or other organizations, identifying you by name; 
• Official records from a religious entity confirming participation in a religious ceremony; 
• Money order receipts for money sent into or out of the United States; 
• Birth certificates of children born in the United States; 
• Dated bank transactions; 
• Automobile license receipts, title, or registration; 
• Deeds, mortgages, or rental agreement contracts; 
• Insurance policies; or 
• Tax returns or tax receipts. 

For noncitizen children of requestors, evidence of eligibility could include: 

— Evidence of the child’s presence in the United States as of June 17, 2024. 
— Evidence of the child’s relationship to the noncitizen parent, such as a birth certificate or adoption decree; 

— Evidence of the noncitizen parent’s legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage
certificate; and 

— Evidence of the child’s presence in the United States as of June 17, 2024.