Today the U.S. Department of Homeland Security announced a process that would allow spouses of U.S. citizens to apply for a “parole in place” process that, if approved, would allow the foreign national spouse to remain in the United States to apply for legal permanent residence status. This, of course, would be more convenient and secure than the consular processing route with an unlawful presence waiver (form I-601A) that requires the foreign national spouse to depart the United States to attend their immigrant visa interview at a U.S. consulate abroad.
To be considered on a case-by-case basis for this process, the foreign national spouse 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 with a US citizen as of June 17, 2024; and
- Must not have a disqualifying criminal record or otherwise constitute a threat to national or public security and must otherwise merit a favorable exercise of discretion.
Those interested can contact our firm to schedule a consultation.