Biden Administration Proposes Parole-in-Place Program to Help Mixed-Status Families Apply for Green Cards Domestically

On June 18, Biden announced a new plan that would allow certain spouses of U.S. citizens to apply for 'parole in place' with the Department of Homeland Security (DHS). The plan is not yet open for applications, but it would allow up to 550,000 people to obtain temporary protection and work authorization in the United States and to apply for lawful permanent resident status (i.e., a green card) through their spouse without risking years of separation from their families.

The Problem: Spouses of U.S. Citizens Face Barriers to Citizenship

Spouses of U.S. citizens are generally eligible for immigrant visas as 'immediate relatives,' allowing them to become lawful permanent residents and apply for U.S. citizenship after a certain number of years. However, for those who entered the United States without inspection (e.g., illegally crossing the U.S.-Mexico border), obtaining permanent residence through a spouse is practically very difficult; many are theoretically eligible for a green card but face significant obstacles in practice. As a result, about 1.2 million people are married to U.S. citizens but lack formal immigration status.

Under federal law, those who were 'inspected and admitted' can apply for adjustment of status within the United States without leaving the country to apply for an immigrant visa at an embassy. However, those who entered without inspection (such as those who crossed the border illegally) do not have this option—they cannot apply for adjustment of status in the United States and must first leave the country to apply for an immigrant visa at a consulate abroad in order to re-enter lawfully.

The problem is that once they leave the United States, they often trigger multi-year bans. This is because, under a 1996 law, if they have been unlawfully present in the United States for more than one year, they will face a ten-year ban and inadmissibility, during which they cannot obtain a visa. We explain this in this article:

Immigrants married to U.S. citizens can apply for a waiver of the ban—enabling them to obtain an immigrant visa and return as permanent residents—provided they can prove that their citizen spouse would suffer 'extreme hardship' due to the prolonged separation. Such waivers carry a risk of denial. To address this, immigrants can apply for a 'provisional' waiver before leaving the United States. However, USCIS is currently processing these applications very slowly; just adjudicating such provisional waivers now takes three and a half years.

The Solution: Allowing Them to Apply for Green Cards Without Leaving the U.S.

If the government determines that there are urgent humanitarian reasons or significant public benefit, U.S. immigration law allows the executive branch (i.e., the Biden administration) to grant 'humanitarian parole' to those who entered or remained in the United States unlawfully. This allows beneficiaries to temporarily enter or remain in the United States for a limited period, ranging from days to years. Those granted parole can apply for work authorization if necessary to support themselves while in the United States. When humanitarian parole is granted to someone already in the United States, it is called parole-in-place.

Under federal law, individuals granted humanitarian parole, including parole-in-place, are considered to have been 'inspected and admitted' to the United States. This means they will be eligible to apply for adjustment of status within the United States without risking departure and triggering re-entry bans. Even if their parole (including accompanying protection from removal and work authorization) expires or is revoked in the future, they are still considered 'admitted' under immigration law—meaning that even if the new parole program is struck down in court or terminated by the next president, those who have already been granted parole remain eligible to apply for adjustment of status within the United States.

Who Will Benefit: 500,000 Immigrants and Their U.S. Citizen Spouses and Children

To obtain parole-in-place under the Biden program, families will likely need to submit an application, but the application form has not yet been published—it is expected to be released later this summer.

According to the June 18 announcement, the new program will be open only to those who:

• Have continuously resided in the United States since June 17, 2014;

• Were physically present in the United States on June 17, 2024;

• Were legally married to a U.S. citizen as of June 17, 2024;

• Entered without admission and do not currently hold a lawful immigration status;

• Have not been convicted of any disqualifying criminal offense;

• Do not pose a threat to national security or public safety; and

• Warrant a favorable exercise of discretion by the U.S. government.

Applicants must provide documentation proving they meet the above conditions, along with the application form, and pay a fee. However, it is currently unclear what forms of documentation will be accepted and what the fee will be.

The White House estimates that approximately 500,000 spouses of U.S. citizens meet these conditions and are therefore eligible to apply for the new parole-in-place program. In addition, stepchildren of U.S. citizens will also be eligible to receive parole alongside their parents, with an estimated 50,000 such beneficiaries. The total is 550,000 people.

Previously, these beneficiaries were theoretically eligible for green cards but faced practical difficulties; the new policy will give them a chance to actually obtain green cards and allow them to work legally in the United States while their applications are pending. This not only provides a permanent solution for these beneficiaries but also helps their U.S. citizen spouses and children.

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