The Biden Administration Introduces a New Path to Legal Status for Undocumented Spouses of U.S. Citizens

The new policy, known as “Parole in Place” (PIP), allows undocumented immigrants who are married to U.S. citizens to receive temporary work permits and legal status. This policy enables them to navigate around certain legal obstacles that previously prevented them from obtaining permanent residency if they entered the country illegally. By obtaining parole in place, these individuals could eventually qualify for green cards and, later, U.S. citizenship without needing to leave the country. According to the White House, this policy will protect roughly half a million spouses of U.S. citizens and around 50,000 undocumented children under 21 whose parents are married to U.S. citizens.

To qualify for the PIP program, applicants must meet the following criteria:

• Marital Status: They must be legally married to a U.S. citizen.
• Duration of Residence: They must have lived in the United States for at least 10 years as of June 17, 2024. The majority of eligible individuals have resided in the United States for 23 years or more.
• Criminal Background: They must not have disqualifying criminal convictions and must not pose a threat to national security or public safety.
• Background Checks: They must pass background checks and be approved based on their personal situation.

Once parole in place is approved, recipients will have three years to apply for permanent residency through the PIP program and will be eligible for work authorization during this time.

1. Receive I-94 Travel Record: After completing the PIP program, undocumented spouses will receive an I-94 travel record, which makes them eligible to adjust their status to a marriage-based green card.
2. Apply for Permanent Residency: Most beneficiaries can file the I-485 application to adjust their status to green card holders shortly after parole is granted.
3. Evaluation and Verification: Applicants must submit biographic (basic personal information) and biometric (unique physical characteristics used for identity verification, such as fingerprints, signature, etc.) information to USCIS for screening and vetting purposes.

The concept of PIP is not entirely new. A program has existed for immediate relatives of U.S. military members since the Bush administration, which was affirmed by Congress in 2020. This proposed expansion is the most extensive relief for undocumented immigrants since the 1986 amnesty law that legalized 2.7 million people.

The Department of Homeland Security (DHS) is expected to publish an official notice detailing the application process, additional guidance and requirements, and the implementation timeline. The notice will specifically explain which forms to file, the costs of filing, required documentation, and supporting evidence needed for approval. The application process is expected to open later this summer.