New executive action to protect certain non-citizen spouses | Littler

The Department of Homeland Security (DHS) has announced that the agency will implement a new process to review applications for parole status from eligible noncitizen spouses of U.S. citizens on a case-by-case basis. Parole status allows noncitizens who have entered the United States without authorization from an immigration officer to remain in the United States for a specified period of time. After parole, eligible noncitizen spouses can apply for permanent residency without having to leave the United States to apply for an immigrant visa at a U.S. consulate. Individuals granted parole status can also apply for an Employment Authorization (EAD) from U.S. Citizenship and Immigration Services (USCIS).

A non-citizen must meet certain criteria to be eligible for parole:

• Have been present in the United States without admission or parole for at least 10 years continuously as of June 17, 2024;
• You must be legally married to a U.S. citizen by June 17, 2024;
• You must not have any relevant criminal record;
• Must not pose a threat to national or public security and must pass a background check;
• Must otherwise be eligible to apply for an adjustment of status; and
• Must justify a positive exercise of discretion.

If a noncitizen spouse meets these criteria, the government may grant parole for a period of up to three years. USCIS states that eligible noncitizen spouses of U.S. citizens granted this parole status may file a Form I-485, Application to Register Permanent Residence or Adjust Status (along with Form I-130, Application for Alien Relative, if required) during this period. By applying for permanent resident status within the United States, these noncitizen spouses can avoid obstacles to their reentry into the United States that could be triggered if they leave the country.

Noncitizen children of spouses granted parole may also be considered for parole under this process if they: are physically present in the United States without immigration clearance or parole, and are in a qualifying stepchild relationship with a U.S. parent, as defined in the Immigration and Nationality Act, as amended on June 17, 2024.

USCIS advises that any applications or inquiries related to this process submitted before the application process begins in late summer will be denied.

Additional information regarding eligibility requirements, the application process, the form and associated application fees, and the EAD application process will be included in a notice in the Federal Register to be published shortly.