BIDEN’S ADMINISTRATION PLAN TO EXPAND ACCESS TO PAROLE IN PLACE?

In a significant move to foster family unity and stability, the Department of Homeland Security (DHS) announced actions on June 18 to promote family unity in the immigration process. This initiative is consistent with the Biden-Harris administration’s commitment to keep families together. It represents an important step in immigration policy, highlighting the importance of keeping families together while enhancing the overall immigration system.

The journey toward comprehensive immigration reform in the U.S. has been long and arduous. Historically, immigration policies have often been fragmented, leading to prolonged separations and uncertainty for many families. The family-based immigration system, which allows U.S. citizens and lawful permanent residents to sponsor family members, has faced numerous challenges, including lengthy processing times and bureaucratic hurdles.

Various administrations have attempted to address these issues over the years. However, it wasn't until recently that a concerted effort was made to overhaul the system comprehensively. The DHS's new process culminates these efforts, reflecting a commitment to creating a more humane and efficient immigration system.

The new process introduced by DHS is expected to impact immigrant families profoundly. Here are some of the key benefits:

• Reduced Separation Time: By streamlining the reunification process, families will experience shorter separation periods, allowing them to reunite more quickly and efficiently.
• Increased Stability: Families can confidently plan their futures, knowing that the immigration system supports their unity and stability.
• Emotional and Psychological Well-being: Being together can significantly enhance the emotional and psychological well-being of family members, especially children who benefit from the presence of their parents and siblings.
• Economic Benefits: Reunited families are better positioned to contribute to the economy, as they can work together to build a stable financial foundation.

Details of the New Process

DHS is establishing a process to consider, on a case-by-case basis, requests for parole in place from certain noncitizen spouses of U.S. citizens who have been in the U.S. for at least a decade. If parole is granted, noncitizens eligible to apply for lawful permanent residence based on their marriage to a U.S. citizen will be able to do so without leaving the United States. However, it is important to note that USCIS is not currently accepting applications under this process. Applications will be accepted starting on August 19, 2024. Any applications submitted before this date will be rejected.

Eligibility Criteria

To be considered for a discretionary grant of parole under this process, applicants 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, merits a favorable exercise of discretion.

However, certain noncitizen children of requestors may be considered if they were physically present in the United States without admission or parole as of June 17, 2024, and have a qualifying stepchild relationship with a U.S. citizen.

Preparing for the Application Process

Although applications are not yet accepted, potential applicants can begin to prepare by gathering evidence of their eligibility. This evidence may include:

• Proof of a legally valid marriage to a U.S. citizen as of June 17, 2024;
• Documentation of identity, such as a valid state or country driver's license, birth certificate with photo identification, valid passport, or any government-issued document bearing the requestor’s name, date of birth, and photo;
• Evidence of the spouse’s U.S. citizenship;
• Documentation establishing continuous presence in the U.S. for at least 10 years, such as rent receipts, utility bills, school records, medical records, bank transactions, tax returns, and other relevant documents;
• For noncitizen children, evidence of the child’s relationship to the noncitizen parent and presence in the U.S. as of June 17, 2024.

Future Prospects

The introduction of this new process is just the beginning. Looking ahead, the future of family reunification and stability within the U.S. immigration system holds promise and potential:

• Further Reforms: The DHS initiative could lead to additional reforms to improve the immigration system's efficiency and fairness.
• Technological Advancements: Integrating advanced technologies in processing and tracking applications could expedite family reunification.
• Policy Enhancements: Continued advocacy and policy enhancements will be crucial in ensuring that the process remains responsive to the needs of immigrant families.
• Community Support: Building robust support systems within communities can aid in reunited families' smooth transition and integration.

Policy Change

The DHS's new process to promote family unity and stability represents a significant milestone in the evolution of U.S. immigration policy. By prioritizing family reunification, this initiative not only addresses a long-standing issue but also lays the groundwork for a more compassionate and efficient immigration system. As we move forward, it is essential to continue advocating for policies that uphold the dignity and unity of all families, ensuring that the promise of the American Dream remains within reach for everyone.