Am I Eligible For A Green Card Under Biden’s New Policy?

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On June 18, 2024, President Biden announced a groundbreaking new policy called “Parole In Place” that could make approximately 550,000 non-citizens eligible for a green card.

What Is Biden’s New Policy?

Biden’s new policy is called “Parole in Place”. It was implemented with the intention of keeping American families together. The term “parole” refers to the government’s consent for an individual to enter and remain in the United States without a formal admission at a port of entry.

A grant of parole does not, in and of itself, grant an individual protected legal status in the United States. However, parole can be used in conjunction with other forms of immigration relief that require a legal admission such as adjustment of status cases. Our office has successfully used this strategy for adjustment of status cases involving former or current military members that have been eligible for Military Parole in Place

Prior to Biden’s new Parole in Place Policy, immediate relatives of United States Citizens would only be immediately eligible for a green card if they had a lawful admission into the United States. If the individual entered illegally, then they would be required to leave the United States to go through consular processing. The problem with that option is that most individuals facing that situation have accrued unlawful presence in the United States which would subject them to either a 3 or 10 year bar from reentry.

Therefore, Biden’s new Parole in Place Policy should have the most positive effect on individuals who are immediate relatives of United States citizens who were previously ineligible for a green card because they entered illegally. Immediate relatives consist of anyone who is married to a United States citizen spouse, an unmarried child (under the age of 21) of a United States citizen parent, or a parent to a United States citizen child who is over the age of 21.

Who is Eligible for Biden’s Parole In Place Program?

The Department of Homeland Security has released the eligibility requirements for Biden’s Parole in Place Policy which will be evaluated on a case-by-case basis. They are:

  1. Be present in the United States without admission and parole;
  2. Have been continuously present in the United States for at least 10 years as of June 17, 2024; and
  1. Have a legally valid marriage to a U.S. citizen as of June 17, 2024.

It’s important to note that each individual must be qualified as of June 17, 2024 which means an applicant would be ineligible if he or she got married or acquired the 10 years of continuous presence after that date. In addition, criminal convictions and other conduct that would make an individual inadmissible would still apply to each case.

How Does Biden’s Parole In Place Program Work?

In order to apply for Biden’s parole in place program, an individual will need to file the appropriate form with USCIS, the correct fee, and supporting documentation. Additional information on these requirements will be posted on the Federal Register at a later date.

If an applicant is granted parole under Biden’s new policy, then they would have three years to file adjustment of status and could obtain a green card without physically leaving the United States.

Contact Hubbs Law For All Your Immigration Needs

If you, or anyone you know, could be eligible for Biden’s Parole in Place program, or any other immigration benefit, give our office a call. Your immigration status is too important to leave in your own hands or the hands of an inexperienced attorney.

Call Hubbs Law now to schedule a consultation at our office immediately at 305-570-4802.

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