How to Apply for Parole
 

What You Can Do Now

Although the government is not currently accepting applications, you can begin to prepare to file a parole application by gathering evidence of your eligibility, such as:

• Evidence of a legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate;

• Documentation of proof of identity, including expired documents may include:

  • Valid state or country driver’s license or identification;

  • Birth certificate with photo identification;

  • Valid passport; or

• Any government issued document bearing the requestor’s name, date of birth, and photo. Evidence of your spouse’s U.S. citizenship, such as a passport, birth certificate or Certificate of Naturalization;

• Documentation to establish your continued presence in the United States for at least 10 years, as of June 17, 2024. While more information will be made available in the forthcoming Federal Register Notice and subsequent FAQs, examples of documentation could include copies of:

  • Rent receipts or utility bills;

  • School records (letters, report cards, etc.);

  • Hospital or medical records;

  • Attestations to your residence by religious entities, unions, or other organizations, identifying you by name;

  • Official records from a religious entity confirming participation in a religious ceremony;

  • Money order receipts for money sent into or out of the United States;

  • Birth certificates of children born in the United States;

  • Dated bank transactions;

  • Automobile license receipts, title, or registration;

  • Deeds, mortgages, or rental agreement contracts;

  • Insurance policies; or

  • Tax returns or tax receipts.

• Evidence that you no disqualifying criminal activity and that you do not pose a threat to the United Stated, such as clean police certificates/letters; and

• Evidence that you merit a favorable exercise of discretion, such as proof of filing taxes, charity work, letters from clergy, etc.

For noncitizen children of requestors, evidence of eligibility could include:

• Evidence of the child’s relationship to the noncitizen parent, such as a birth certificate or adoption decree;

• Evidence of the noncitizen parent’s legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate; and

• Evidence of the child’s presence in the United States as of June 17, 2024.

FAQ

1. General

When will the process start?

USCIS will soon publish a Federal Register Notice to implement this process, explain the application process, and provide additional guidance on requirements to be considered for parole in place. This notice will explain what forms to file, the associated filing fees, any required documentation, and supporting evidence that will be needed to request parole in place. The application process is expected to begin August 19, 2024.

What happens if I apply to USCIS prior to the start date of the process?

USCIS will reject any filings received before the date when the application process begins. This includes applications filed through our paper and electronic filing processes as well as requests submitted in person at our offices.

What will be the duration of parole? What happens when it ends?

Under this process, a qualifying individual may be granted parole on a case-by-case basis for up to three years. This period provides an opportunity for eligible spouses of U.S. citizens granted parole to file a Form I-485, Application to Register Permanent Residence or Adjust Status (and concurrent Form I-130, Petition for Alien Relative, if applicable). At the conclusion of the parole period, USCIS anticipates that these individuals will have either a pending adjustment application or final adjustment adjudication completed.

1. Application Process

What can I do now to prepare my application before the process begins?

Individuals should wait for additional information to be issued, including confirmation of the date on which the process begins, when applications will be accepted, and what forms to use to apply for parole. Until then, individuals may consider preparing by gathering evidence, including:

• Documentation to establish that the noncitizen has been continuously present in the United States for at least 10 years as of June 17, 2024;

• Evidence of a legally valid marriage to a U.S. citizen as of June 17, 2024; and

• Evidence of additional favorable discretionary factors that the applicant would like USCIS to consider.

Will I need to submit my biometrics?

Applicants must submit certain biographic and biometric information to USCIS for screening and vetting purposes. More information about the biometrics collection process will be provided in the forthcoming Federal Register Notice and other guidance to follow.

Will the parole application be available for filing online, on paper, or both?

Further filing instructions will be available in the near term.

1. Fees

What is the filing fee for applying for parole under the process?

Information regarding the form to use and associated filing fees will be detailed in the forthcoming Federal Register Notice.

Can the filing fee be waived?

USCIS will provide future guidance about the application process, including filing fees, for individuals seeking parole under this process.

1. Questions related to potential beneficiaries

I was lawfully admitted to the United States on a nonimmigrant visa but overstayed my period of authorized stay. Am I eligible for parole in place under the process?

No. By law, parole is only available to noncitizens who are “applicants for admission” under Section 235(a) of the INA, 8 U.S.C. § 1225(a). Therefore, parole in place under this process may be granted only to certain individuals who are present in the United States without admission. This process is not available to those who were previously lawfully admitted to the United States. However, an individual may be eligible to apply for adjustment of status to that of lawful permanent resident (LPR) without parole in place if previously lawfully admitted and applying as an immediate relative of a U.S. citizen.

If I am in removal proceedings that are pending before an immigration judge, am I eligible for this process? Who will decide my parole application?

Noncitizens in removal proceedings may apply for parole in place under this process before USCIS if they otherwise qualify under this process. USCIS will weigh, on a case-by-case basis, the existence and circumstances of the removal proceedings, as well as the applicant’s positive equities, in determining whether to grant parole in place. However, a noncitizen who is in removal proceedings because they are an enforcement priority under the Guidelines for the Enforcement of Civil Immigration Law, issued by Secretary Mayorkas in September 2021, will be disqualified from receiving parole in place pursuant to this process.

If my parole request is pending and I am encountered by CBP or ICE, will I be placed into removal proceedings?

The Guidelines for the Enforcement of Civil Immigration Law direct the Department to focus its limited resources on noncitizens who pose a threat to our national security, public safety, or border security. The Guidelines remain in effect. An application under this process does not prevent CBP or ICE from taking enforcement action against an individual when otherwise appropriate under applicable law and policy. CBP and ICE reserve the discretion to place these noncitizens in removal proceedings.

If USCIS denies my application for parole, will I be placed in removal proceedings?

If USCIS denies a request for parole, USCIS maintains discretion to issue a Notice to Appear (NTA) or refer the case to ICE for possible enforcement action consistent with the Guidelines for the Enforcement of Civil Immigration Law issued by Secretary Mayorkas on September 30, 2021.

If I have criminal history, can I apply for parole under this process?

All applicants will undergo national security and public safety vetting as part of this process. Those who pose a threat to national security or public safety will be disqualified from this process and, where appropriate, may be referred for law enforcement action. Noncitizens who pose a threat to national security or public safety will not be eligible for this process, as aligned with our immigration enforcement priorities. If a noncitizen poses a threat to national security or public safety, DHS will detain, remove, or refer them to other federal agencies for further vetting, investigation, or prosecution as appropriate.

Disqualifying criminal history includes criminal convictions that are likely to render the individual statutorily ineligible for adjustment of status, as well as convictions that do not render noncitizens statutorily ineligible for adjustment of status but nevertheless warrant their disqualification from this process in the exercise of discretion. Further guidance on this topic is forthcoming.

Can the undocumented child of a noncitizen spouse covered by this policy also be considered for a grant of parole in place under the process?

Noncitizen children of potential requestors may be considered for parole in place under this process along with their noncitizen parent, if the child is physically present in the United States without admission or parole as of June 17, 2024 and has a qualifying stepchild relationship to a U.S. citizen as of that date. To qualify as a stepchild under the Immigration and Nationality Act, the noncitizen child must be unmarried, under the age of 21, and the marriage of their noncitizen parent and U.S. citizen stepparent must have taken place prior to the child’s 18th birthday. Further guidance on this topic is forthcoming.

1. Employment Authorization

If I am approved for parole, when can I apply for an employment authorization document (EAD)? Can I apply for an EAD at the same time as when I apply for parole?

An individual who is granted parole is immediately eligible to apply for an EAD from USCIS and can do so by submitting a completed Form I-765, Application for Employment Authorization, using the (c)(11) category code. Further information about the process to apply for an EAD will be included in the forthcoming Federal Register Notice.

How long will it take to receive a decision on my employment authorization application?

Application processing times vary. USCIS has several tools that individuals can use to request information about their applications submitted to the agency, including the Case Status Online tool.