DHS Announces New Procedure to Allow Individuals to Receive Family Green Cards Without Leaving the US


The Department of Homeland Security (DHS) recently announced a significant initiative aimed at fostering family unity within the immigration system.  


Currently, noncitizens who have entered the U.S. illegally and are married to U.S. citizens can apply for lawful permanent residence. In order to complete their process and receive a green card, they must first leave the U.S. and wait for processing abroad, leading to extended and often indefinite separations from their families. This situation causes immense stress and uncertainty for countless families, who live in fear of prolonged separations.


To address this, DHS announced a plan to establish a new procedure that allows certain noncitizen spouses of U.S. citizens to apply for lawful permanent residence without leaving the U.S. To qualify, individuals must have:


  1. Be present in the U.S. without admission or parole
  2. Have been continuously present in the U.S. for at least 10 years as of June 17, 2024
  3. Have a legally valid marriage to a U.S. citizen as of June 17, 2024


In addition, individuals must have no disqualifying criminal history or otherwise constitute a threat to national security or public safety.  Noncitizen children of potential requestors may also be considered for parole under this process if they are physically present in the U.S. without admission or parole and have a qualifying stepchild relationship to a U.S. citizen as of June 17, 2024.


visa application checklist


In order to be considered for parole under the new procedure, applicants must file a form with USCIS, with applicable fees, and supporting documents.  DHS has indicated additional information regarding eligibility, process, and fees will be published in the near term.  


We are thrilled to see potential for an additional pathway for obtaining legal permanent residence.  We look forward to assisting many individuals apply for green cards under the new program.  Please do not hesitate to reach out to us to schedule a consultation if you or someone you know will benefit from this new program.  


10.0Pratibha Kanive Agarwal
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Agarwal Law Group

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