Parole in Place: Undocumented Spouses of U.S. citizens

On June 18, the Department of Homeland Security (DHS) announced actions to promote family unity in the immigration process. This announcement is consistent with the Biden-Harris administration’s commitment to keep families together. 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 who are eligible to apply for lawful permanent residence based on their marriage to a U.S. citizen will be able to do so without having to leave the United States.

by Hong-min Jun

Last edited Jul 25, 2024

Eligibility for Parole in Place

Continuous Presence

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;

Valid Marriage

Have a legally valid marriage to a U.S. citizen as of June 17, 2024;

No Criminal History

Not have any disqualifying criminal history or otherwise constitute a threat to national security or public safety;

Favorable Discretion

Otherwise merit a favorable exercise of discretion.

Evidence of Eligibility

Marriage

Evidence of a legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate;

Identity

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.

Spouse's Citizenship

Evidence of your spouse’s U.S. citizenship, such as a passport, birth certificate or Certificate of Naturalization;

Documentation of Continuous Presence

Rent Receipts

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

School records (letters, report cards, etc.);

Medical Records

Hospital or medical records;

Religious 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;

Additional Documentation

Financial Records

Money order receipts for money sent into or out of the United States; Dated bank transactions;

Vehicle Records

Automobile license receipts, title, or registration;

Property Records

Deeds, mortgages, or rental agreement contracts; Insurance policies; or Tax returns or tax receipts.