This sponsored column is by Law Office of James Montana PLLC. All questions about it should be directed to James Montana, Esq., Janice Chen, Esq., and Austen Soare, Esq., practicing attorneys atThe Law Office of James Montana PLLC, an immigration-focused law firm located in Falls Church, Virginia. The legal information given here is general in nature. If you want legal advice,contact usfor an appointment.
The Biden Administration announced a large amnesty program on Monday — the “New Process to Promote the Unity and Stability of Families.” The purpose of this article is to describe the program, advise prospective applicants of how to prepare for the program’s implementation and — no less importantly — to discourage potential applicants from paying anyone to apply for this today, because, as of this writing, the application window remains firmly closed.
What is the New Process to Promote the Unity and Stability of Families?
As we’ve discussed in prior articles, U.S. immigration law treats people very differently based on how they entered the United States. Those who enter with visas — even if they later overstay those same visas — are allowed to apply for permanent residency if otherwise qualified; those who cross the border generally are not allowed to do so without first leaving the United States and attending an interview at a U.S. Embassy or Consulate abroad.
The Biden Administration’s “New Process” eliminates that distinction for a large class of people using a procedure called “parole in place.” Parole, as we’ve discussed in prior articles, is a term of art referring to permission to re-enter the United States. Parole in place has the legal effect of parole, but without departure and re-entry. Until this announcement, parole in place was rarely available, typically for close relatives of those serving in the Armed Forces. Now, parole in place will be available for a much larger class of applicants.
Who Can Obtain Parole in Place under the New Program?
The list of requirements is as follows — verbatim.
To be considered on a case-by-case basis for this process, an individual must:
- Be present in the United States without admission or parole
- Have been continuously present in the United States for at least 10 years as of June 17, 2024
- Have a legally valid marriage to a U.S. citizen as of June 17, 2024
So, spouses of U.S. citizens who have been in the U.S. for a long time and entered without inspection will qualify. Importantly, their children and stepchildren will also be eligible.
If You Apply for Parole in Place, and Your Application is Approved, What Do You Get?
You get a work permit, valid for three years, and you are now in the position of someone who entered with a visa.
The government predicts (we think, accurately) that most people who receive parole in place will then apply for a green card during the three-year period after parole in place is granted.
If You Apply for Parole in Place, and Your Application is Denied, Then What?
We don’t know. The Biden Administration could use the information gathered through the process to commence removal proceedings. Or a subsequent administration could do so.
Could Donald Trump Cancel This Program if He Wins the 2024 Election
Yes. As an executive action, it is subject to a simple revocation by any subsequent President without an act of Congress.
Will the New Process be Blocked by Litigation?
Maybe. In our prior article about the Biden Administration’s new border policy, we predicted (accurately!) that lawsuits would be filed immediately. Attorneys General from states which disfavor the New Process are likely to file lawsuits seeking injunctions. It is not easy to predict whether those lawsuits will succeed.
Can I Apply for the New Process Yet?
No, no, no. The process is not open!
These sorts of announcements always bring grifters out of the woodwork. Do not pay them to prepare an application for you. DHS has not established application procedures yet.
If I Can’t Apply Yet, What Can I Do?
You’ll need to prove that you’ve been in the United States since June 2014, and that you have a qualifying relationship to a U.S. Citizen. So, start gathering the evidence. That evidence may include:
- Tax returns
- Medical records
- School records
- Employment records.
- In-country travel records.
- Legal documents (marriage certificates, divorce decrees, birth certificates)
- Leases
- Bank statements and other financial statements.
As always, we are grateful for your questions and comments, and will do our best to respond.
