USCIS Announces New Pathway for Noncitizen Spouses of U.S. Citizens to Obtain Permanent Residence

The U.S. Citizenship and Immigration Services (USCIS) has announced a new initiative allowing noncitizen spouses of U.S. citizens to apply for permanent residency without leaving the country. This policy is part of a broader effort by the Department of Homeland Security (DHS) to address immigration issues on a case-by-case basis. Eligible noncitizen spouses, who have resided in the U.S. for at least ten years, can request parole in place, enabling them to live and work in the U.S. temporarily without fear of deportation.

If granted parole, these individuals can apply for lawful permanent residence based on their marriage to a U.S. citizen without needing to process their application overseas. DHS estimates that approximately 500,000 noncitizen spouses could benefit from this process, with an average residency of 23 years in the U.S. Additionally, around 50,000 noncitizen children of these spouses may also be eligible for parole under this initiative.

USCIS will begin accepting applications on August 19, 2024. To qualify, applicants must be physically present in the U.S. without admission or parole, have continuously resided in the U.S. for at least ten years as of June 17, 2024, and have a legally valid marriage to a U.S. citizen by the same date. Noncitizen children of eligible spouses must also meet specific criteria.

Applicants should prepare documentation to prove their eligibility, including evidence of marriage, U.S. citizenship of the spouse, and continuous presence in the U.S. for the required period. Examples of acceptable documents include marriage certificates, utility bills, school records, and tax returns.

USCIS encourages interested individuals to create or update their myUSCIS accounts in preparation for the application process. Detailed eligibility criteria and application procedures will be published in a Federal Register notice.