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Understanding the DHS’s New Process for Noncitizen Spouses Seeking Permanent Residency

Visa

The Department of Homeland Security has established a new process to consider, on a case-by-case basis, requests from certain noncitizen spouses of U.S. citizens who:

  • Have lived in the United States for 10 years or more,
  • Do not pose a threat to public safety or national security,
  • Are otherwise eligible to apply for adjustment of status, and
  • Merit a favorable exercise of discretion.

Eligible noncitizens will be able to apply for lawful permanent residence without leaving the United States.

To be considered 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, and
  • Have a legally valid marriage to a U.S. citizen as of June 17, 2024.

Additionally, individuals must have no disqualifying criminal history or other factors that would constitute a threat to national security or public safety and should otherwise merit a favorable exercise of discretion.

Noncitizen children of potential requestors may also be considered for parole under this process if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship with a U.S. citizen as of June 17, 2024.

Upon receipt of a properly filed parole-in-place request, USCIS will determine on a case-by-case basis whether a grant of parole is warranted and whether the applicant merits a favorable exercise of discretion. All requests will be evaluated based on the potential requestor’s previous immigration history, criminal history, the results of background checks and national security and public safety vetting, and any other relevant information available to or requested by USCIS.

Ready to explore your options? Call us today at (727) 939-6113 to see if you qualify for this new process and to start your journey toward lawful permanent residence!

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