What Expanded ‘Parole in Place’ Means for Intercountry Adoptees

The Biden administration has announced expansion of the “parole in place” policy to provide immigration options for approximately 500,000 undocumented spouses of US citizens. Here’s how parole in place currently works, plus how an expanded policy could significantly benefit some intercountry adoptees.

Parole in place is a current US immigration policy, but it primarily benefits military personnel and their families, which is why it is sometimes referred to as “Military Parole in Place.” I have used parole in place successfully for a client whose father was a retired army officer. And while parole in place may not be a solution for many intercountry adoptees, it can be a powerful and transformational tool for some, especially if it is expanded under the new policy to include undocumented people—including intercountry adoptees— who are married to US citizens and have lived in the US for at least the last ten years.

What exactly is ‘parole in place’

Parole in Place is a “discretionary” US administration policy, meaning it is up to US administration officials, generally USCIS, to approve or deny the benefit on a case-by-case basis. In general it is used as a way for undocumented people to secure lawful status in the US and, in some cases, a path to citizenship. The general requirements for the expanded policy appear to include:

• A lack of lawful admission or entry into the United States; i.e., the person does not have proof of a lawful entry. For intercountry adoptees, unlawful entry–or “Entry Without Inspection (EWI)”— has typically involved an adoptive parent carrying or conveying the child across one of the US borders or through an entry point without any involvement of border agents or immigration officials. It does not, however, include those who entered the US on a (now expired) visitor or tourist visa;
• No disqualifying criminal record (some prior crimes may not be serious enough to warrant a denial of parole in place);
• Continuously residing in the United States for at least ten years, as of June 17, 2024;
• Valid marriage to a US citizen, as of June 17, 2024;

How Will it Work?

USCIS recently announced that the program will roll out on August 19, 2024. The details of how to apply—as well as any required filing fee for an application—have not yet been released, though it will likely be fairly similar to the current parole in place process. Under current policy, applying for parole in place involves completing Form I-131 and providing necessary documentation to prove eligibility. The USCIS fact sheet related to the new policy states that:

In order to be considered for parole, an individual will need to file a form with USCIS along with supporting documentation to show they meet the requirements and pay a fee. Further information regarding eligibility and the application process, including a notice in the Federal Register, will be published in the near term. USCIS will reject any filings or individual requests received before the date when the application period begins later this summer.

Fact Sheet: DHS Announces New Process to Promote the Unity and Stability of Families

What Should I Do Now?

Guidance on how to apply under this new policy is not yet ready. But if you are an intercountry adoptee without US citizenship and you think you may qualify for parole in place, you could do a few things to prepare:

• Obtain a certified copy of your marriage license and certificate;
• Collect documents that demonstrate your continuous residence in the United States for at least the last ten years. This could include school records, medical records, bank statements, mortgages or leases, adoption records, birth records of children, etc.
• Make sure you have current photo ID;
• Keep an eye out for an announcement about how to apply.

I’ll also keep an eye out for more news and update this information with anything I learn.

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