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New Green Card Options Announced: DHS Moving Forward with Process for Noncitizen Spouses of U.S. Citizens to Apply for Lawful Permanent Residence

On June 18, 2024, the Department of Homeland Security (DHS) announced a new process allowing certain noncitizen spouses of U.S. citizens to apply for lawful permanent residence without leaving the United States. This initiative aims to benefit approximately 500,000 eligible noncitizen spouses and about 50,000 of their children.

Eligibility Criteria


To qualify for this process, noncitizen spouses must:


  1. Reside in the U.S. Continuously: Have lived in the United States for at least ten years as of June 17, 2024.

  2. Public Safety: Not pose a threat to public safety or national security.

  3. Marital Status: Be legally married to a U.S. citizen as of June 17, 2024.

  4. Criminal History: Have no disqualifying criminal history.

  5. Discretion: Merit a favorable exercise of discretion.


Children of these noncitizens may also be considered if they are physically present in the U.S. and have a qualifying stepchild relationship with a U.S. citizen as of June 17, 2024.


Process Details


  • Parole-in-Place Requests: Noncitizens must submit a properly filed parole-in-place request to U.S. Citizenship and Immigration Services (USCIS).

  • Case-by-Case Basis: USCIS will evaluate each request individually, considering immigration and criminal history, background checks, national security, public safety, and other relevant information.

  • Application Integrity: USCIS will apply stringent fraud detection processes to maintain the integrity of the program.

  • Federal Register Notice: Detailed steps for the application process will be published in a Federal Register notice soon.


*** Important Notes ***


  • Applications must be filed with supporting documentation and a fee.

  • USCIS will reject any applications submitted before the official start of the application period later this summer.

  • Noncitizens posing a threat to national security or public safety will be ineligible and may face detention or removal.


Further details on eligibility and application procedures will be provided in the upcoming Federal Register notice. 


About Us


The Law Office of Nicholas J. Mireles, APC is an experienced Los Angeles-based U.S. Immigration Law firm practicing since 2013. Our background makes us uniquely well suited to help you with any issue relating to your immigration status.


We are happy to provide free initial consultations for any and all immigration matters, including seeking second opinions for those already represented.


Law Office of Nicholas J. Mireles, APC

411 West 7th St. Ste 310

Los Angeles, CA 90014

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