On June 18, 2024, the Biden administration announced a new program allowing certain spouses and step-children of US citizens who did not enter the US lawfully to obtain permanent residence in the US, without having to depart to process abroad and potentially incur a reentry bar.

The program furthers the use of “Parole in Place,” a concept already used for family members of individuals in the US military, to create a sort of fictional lawful entry that can be used by eligible individuals to Adjust Status while in the US.

Generally speaking, an individual without valid immigration status in the US can’t use the “Adjustment of Status” process to change over to US permanent residence (a “green card”) while remaining present inside the US – even if they have any otherwise valid basis for an immigrant visa such as a qualifying relationship to a US citizen, a qualifying offer of employment with a US company, etc.

There are certain exceptions to this prohibition on Adjustment of Status for those not in lawful immigration status.  Some of these include asylum-related grounds, or eligibility for an old program called ”245(i)” (allowing payment of a fine as forgiveness for not having entered lawfully or not having maintained legal status).

The most notable exception, and the one most important here – eligibility for an “Immediate Relative” petition such as a petition by a US citizen spouse or over-21 US citizen child.  However, this only forgives an “overstay” – a lapse in status after lawful entry; those who didn’t at least first enter legally still wouldn’t be able to adjust status while here in the US.

If there is no way to Adjust Status, an individual with an immigrant visa could only go abroad to process through a US embassy or consular post – and often leaving to do this after a period of “unlawful presence” in the US will trigger a bar to returning.  There may in some cases be waivers available for such bars, but often these are simply unavailable.  Consequently, many people who have entered the US without inspection have been without a practical means to get a green card even if married to a US citizen.

The theory of “Parole in Place” is to use the government’s power to “parole in” – admit someone to the US without a visa, usually for humanitarian reasons. – as an after-the-fact lawful admission to the US.  Once a person has that lawful US admission, they become eligible to adjust status as an immediate relative.  This was originally used to allow US citizen members of the military to petition for parents who may not have been lawfully present as Immediate Relatives.

It isn’t yet clear whether there will be additional requirements for eligibility.  The Federal Register formal announcement of the program has not yet happened, and so applications for this new program are not yet being accepted.  This is expected to happen by the end of the summer.