DHS Issues Criteria for US Citizens’ Spouses Seeking Parole

About 500,000 spouses expected to qualify for relief USCIS begins accepting parole applications Aug. 19 The Biden administration released Monday the full eligibility criteria and other key details for undocumented immigrant spouses of American citizens to seek removal protections and employment authorization without leaving the US. The “parole in place” plan will allow roughly half a million spouses of US citizens to apply for permanent residency and have penalties waived for unlawful presence in the country beginning Monday. The plan, first announced in June, is the administration’s most ambitious use so far of the parole authority to extend relief to immigrants residing in the US. As soon as applicants are approved for parole, they could apply for legal employment authorization in the US, allowing for better job mobility and productivity, DHS said in a notice detailing the plan in the Federal Register. Noncitizen spouses of Americans too often live with uncertainty because of barriers in the immigration system, said Ur Jaddou, director of US Citizenship and Immigration Services. “This process to keep U.S. families together will remove these undue barriers for those who would otherwise qualify to live and work lawfully in the U.S.,” and make the immigration system more efficient, she said in a statement. Although the program has been blasted by conservative critics and is expected to be challenged in court, it’s only the latest use of parole authority the Biden administration has wielded with increasing scope over the past two years to offer temporary admission to immigrants fleeing conflict and to ease large numbers of arrivals at the US border. Eligibility Unauthorized immigrants who are legally married to a US citizen, have resided in the country for at least 10 years as of June 17, and have no disqualifying criminal history will be eligible for parole, a temporary legal pathway allowing them to stay in the country. Another 50,000 immigrant stepchildren who have resided in the US over the same period will also be eligible to seek relief through the program. The USCIS already released a detailed filing guide for the program but the Federal Register notice answered key questions for parole applicants. While a felony conviction and certain criminal histories would be automatically disqualifying, any criminal history—no matter the type of offense—would be presumed ineligible. Those with minor offenses would have to make the case to the USCIS that they should receive approval. A parole grant itself isn’t equivalent to being admitted to the US and can be terminated at any time. Immigrants without lawful status who were previously admitted to the country—for instance, those who entered the country on a valid visa and overstayed their status—will not be eligible. “This measure is an example of good government helping American families cut through red tape,” said Ben Johnson, executive director of the American Immigration Lawyers Association. “It removes a nonsensical administrative hurdle that keeps U.S. citizens’ family members in a precarious immigration status when they are eligible to be lawful permanent residents.” The program will hopefully be just a start to common sense answers to similar barriers, but ultimately Congress must pass legislation modernizing the immigration system, he said in a statement. Parole Authority An estimated 765,000 immigrants in the country without lawful status are married to US citizens, according to the DHS. Those immigrant spouses live with more than 2.5 million family members who are US citizens, including 1.6 million dependent children. Two-thirds of immigrant spouses without status would be ineligible to seek lawful permanent residency without leaving the country and seeking a visa at a consulate outside the US. The administration is using authority under the Immigration and Nationality Act to allow those immigrants on a case-by-case status to be seek parole, a temporary designation that allows them to apply for permanent residency without departing the country. The duration of parole grants will generally be up to three years. The DHS has no plans for a subsequent re-parole process. The parole program’s launch marks the most expansive use of parole authority so far for long-term residents in the US. It’s virtually certain to be challenged in court by Republican states although legal experts have said executive authority to issue parole is clear. The administration noted that US Citizenship and Immigration Services in 2013 rolled out policy guidance for parole requests from noncitizen family of military service members. As of June, 61,000 applicants have received parole as a result. Other parole programs—including one for Cuban family members established in 2007 and another for Haitians in 2014—have admitted noncitizens into the country from outside the US. For recent family reunification parole programs have been set up for nationals of other Latin American countries, while the Biden administration has also flexed its parole authority to admit Ukrainians, Afghans fleeing conflict and other nationals with US sponsors. Immigrant spouses who would potentially benefit from the new parole program have lived in the US for a median 23 years, DHS said in the notice Monday. Economic Impact Offering parolees employment authorization will add workers to tight labor markets, reduce labor exploitation, and potentially increase tax revenues at the federal, state and local level, the DHS said. Nearly two-thirds of immigrants over the age of 16 without lawful status already participate in the labor force and contribute taxes, but the legal employment authorization would reduce labor exploitation in the informal economy and ease compliance with the tax code, the DHS said. The benefits of employment authorization far outweigh potential costs to American workers, the agency concluded. The new program could initially add to wait times for other immigration benefits, but the DHS projects that over time it will improve efficiency at the agency. That’s in part because a $580 fee attached to parole applications will help the USCIS recover costs involved in the new workload. The process will also help relieve backlogs at US embassies and consulates that would otherwise process visa applications of parolees. (Updated with additional reporting and comments from USCIS, American Immigration Lawyers Association.) For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.