The Biden Administration’s 2024 Marriage Visa Reforms 

A new policy, unveiled by Joe Biden’s administration in June 2024, will give eligible undocumented immigrants who are married to U.S. citizens a pathway to citizenship and protection from deportation. The marriage visa reform is expected to affect an estimated roughly half a million immigrants and about 50,000 undocumented children under the age of 21, according to the White House.  

The current law creates legal obstacles for immigrants who wish to obtain permanent residency if they entered the United States illegally. At Corbaci Law, P.C., we understand the challenges undocumented immigrants face under the current law and are always on the lookout for policy shifts to help clients find solutions to their immigration needs. Our immigration lawyers in Woburn, Massachusetts, keep our finger on the pulse of the rapidly-evolving immigration policies to be able to offer our clients practical and up-to-date guidance.  

What Is the New Policy All About?  

The new policy is called “Parole in Place” as it would use the immigration parole authority. The policy would allow undocumented immigrants who have U.S. citizen spouses to obtain legal status and temporary work permits.

It would also give eligible immigrants a pathway to citizenship, something that wasn’t possible to date for those who entered the country illegally. When the policy takes effect, these immigrants would qualify for permanent residency and U.S. citizenship without the need to leave the country.  

Who Is Eligible for the ‘Parole in Place’ Program?  

If you are an immigrant who entered the country illegally and are married to a U.S. citizen, you need to make sure that you meet the eligibility requirements to apply for Parole in Place:  

• You have a valid marriage to a U.S. citizen as of June 17, 2024; 

• You have lived in the U.S. for a minimum of 10 years as of June 17, 2024;  

• You don’t have any criminal conviction that would disqualify you from the policy;  

• You are present in the country without admission or parole;  

• You are not deemed a threat to public safety or national security;  

• You must submit your biographic and biometric information to United States Citizenship and Immigration Services (USCIS); and 

• You pass background checks and get approval based on your personal situation.  

If you aren't sure whether or not you meet the eligibility requirements, our immigration lawyers at Corbaci Law, P.C., can review your situation and provide you with advice based on your specific situation.  

The Process of Applying for Parole in Place 

Once you get approved, you will be eligible for work authorization in the United States for three years. You will also be eligible to seek permanent residency through the program during this period. Undocumented immigrants will obtain an I-94 travel record once approved. The record can be used as proof of eligibility to adjust status to a marriage-based green card.  

The application process is expected to be similar to the process for Military Parole in Place. If this is true, most applicants would be able to adjust their status almost immediately after parole is granted. Detailed information about the application process for the Parole in Place program for undocumented immigrants is yet to be published. The Department of Homeland Security is still expected to go into more detail regarding the required documentation and supporting evidence to be granted parole in place. However, the application process could open up later in summer 2024.  

The Impact of the ‘Parole in Place’ Program 

Protections offered by the Parole in Place program could protect an estimated half a million members of mixed-status families from being separated from their loved ones. Currently, undocumented immigrants in the U.S. are under the constant threat of deportation, even those who have U.S. citizen children from their U.S. citizen spouses.

That threat is even greater for those who live in states that adopted strict anti-immigrant policies. When these people are deported and separated from their families, it’s devastating for everyone—the immigrants, their spouses, their children, their communities, and the economy. The Parole in Place program could bring much-needed peace of mind and stability to hundreds of thousands of people living in mixed-status families.  

Interested in How the Policy Might Affect You? Contact Corbaci Law, P.C.

The ability to obtain permanent residency through the Parole in Place program is obviously great news for those legally married to U.S. citizens, but getting your application approved might still require guidance from an immigration lawyer.

At Corbaci Law, P.C., we are dedicated to guiding immigrants through every step of their path to citizenship. We can listen to your unique story and explain how the policy might affect you. Once we start working together, we will keep you updated on new information regarding the Parole in Place program to make sure you have all the documentation and evidence you need for the application process. Get in touch today and schedule a consultation with our team.