On June 18, 2024, the Biden administration announced a new policy to be launched later this summer that will benefit many U.S. citizens who wish to have their spouses and stepchildren permanently remain with them in the U.S. Under the new parole in place program, spouses and stepchildren of U.S. citizens who meet certain requirements will be eligible for temporary parole in the U.S. and be able to apply for lawful permanent residence without needing to leave the country.  

To be eligible to apply for lawful permanent residence in the U.S. (also known as “adjusting status”), an applicant must meet a number of requirements, including: 1) they must have been inspected at a U.S. port of entry by an immigration officer and admitted or paroled into the U.S.; 2) they must properly file an adjustment of status application; 3) they must be physically present in the U.S.; 4) they must be eligible to receive an immigrant visa (all spouses and minor, unmarried stepchildren are eligible under the family-based category); 5) an immigrant visa must be immediately available when they file their adjustment of status application (an immigrant visa is always available to spouses of U.S. citizens, and their minor, unmarried step children); 6) they must be admissible to the U.S. for lawful permanent residence or eligible for a waiver of inadmissibility or other forms of relief (i.e. they do not face inadmissibility due to fraud or misrepresentations, criminal history or other bars to admissibility); and 7) they merit the favorable exercise of discretion.