Updates on Parole in Place for Spouses and Access to H1-B for Undocumented Graduates
On June 18, 2024, President Biden announced two impending Executive Orders to expand certain pathways to legal status to limited populations. You can check out our statement on the announcement here.
After the program’s launch on August 19th, USCIS has posted a federal register notice and additional FAQ resources on their landing page.
Eligibility for this program is complex and will require consultation with a licensed immigration legal practitioner. Please help your clients and community beware of scams!
For multi-lingual, community-facing resources on the executive orders, check out this toolkit from the National Partnership for New Americans
USCIS will post all updates to both policies on their landing page: https://www.uscis.gov/keepingfamiliestogether
Resources:
(NEW) Federal Register Notice - Implementation of Keeping Families Together (DHS)
(NEW) Filing Guide for Form I-131F (USCIS)
Parole in Place for Undocumented Spouses of U.S. Citizens (FWD.us)
Streamlining Dreamers’ Access to Employment-Based Visas Using D-3 Waivers: What You Need To Know (Presidents’ Alliance on Higher Education and Immigration)
FACT SHEET: President Biden Announces New Actions to Keep Families Together (The White House)
Fact Sheet: DHS Announces New Process to Promote the Unity and Stability of Families (U.S. Dept. of Homeland Security)
Parole in Place for Noncitizen Spouses of U.S. Citizens
Certain noncitizen spouses married to a U.S. citizen (and their qualifying non-citizen children) may apply for lawful permanent residence without leaving the country under a process called parole-in-place. Previously, anyone who entered the country without inspection would need to leave the United States to apply for legal status, often triggering a bar of up to ten years to re-enter. This change allows certain family members of U.S. citizens (spouses and children) to avoid such bars by applying from within the United States on a case-by-case basis.
Important to remember
This is a discretionary benefit. Even if a person meets all other criteria, it is ultimately on USCIS to decide if the case “merits a favorable exercise of discretion”
If USCIS denies a request for parole, they maintain discretion to issue a Notice to Appear (NTA) or refer the case to ICE for possible enforcement action
Potential applicants should seek legal counsel if they expect any challenges related to past criminal or immigration history
To qualify, an individual must:
Be legally married to a U.S. citizen as of June 17, 2024
Not clear yet if it must be for a minimum time period
Have lived in the U.S. for at least ten years as of June 17, 2024
Have originally entered the United States without admission or parole
Be able to satisfy any other legal requirements
This will likely include criteria like: no disqualifying criminal convictions; no threat to national security and public safety; otherwise eligible to apply for adjustment of status; and merits a favorable exercise of discretion
Provide supporting evidence to meet the above criteria
Pay a fee
Eligible individuals may also apply for protection for a child who is:
A child of the parole-approved noncitizen
The child does not have to be the biological child of the U.S. citizen parent. The child may have a stepchild relationship with the U.S. citizen married to their parole-approved noncitizen parent if the marriage occurred before their 18th birthday
Under 21 years old
Unmarried
Approved individuals will be protected from deportation and able to apply for a work permit, similar to other programs like military parole in place or Deferred Action for Childhood Arrivals (DACA).
The parole and accompanying work permit will last three years, during which the person can apply for legal permanent residency.
The administration estimates that this action will protect approximately 500,000 spouses of U.S. citizens and 50,000 noncitizen children under 21 whose parent is married to a U.S. citizen.
Expanded Access to Work Visas for Certain Noncitizen U.S. College Graduates
Securing employment-based visas usually requires someone to leave the United States and apply to re-enter. College graduates from U.S. institutions who have accrued more than 180 days of “unlawful presence” in the United States and/or do not have “initial lawful entry” to the United States could face an up to 10-year bar to re-entry. The recent announcement “clarifies and enhances” access to a “D-3 waiver” for such graduates (INA §212(d)(3)). An approved D-3 waiver can waive certain grounds of inadmissibility to the United States—including unlawful presence—and remove the bar for a temporary visa like an H1-B visa for specialty occupations.
To qualify, an individual must:
Have graduated from an accredited higher education institution in the United States
Have a high-skilled job offer from a potential employer
Be otherwise eligible for an employment-based non-immigrant visa, such as an H1-B visa
We held a a webinar training on D-3 Waivers and Undocumented Graduates of U.S. Colleges: Guidance for Practitioners on July 19th at 10:00 AM. If you would like additional resources that we shared at that webinar, please reach out to info@immigrantarc.org.