The President is set to announce a new policy that will allow certain noncitizens that are in the United States illegally the ability to apply for a Green Card without leaving the United States.
In its most basic terms, the Department of Homeland Security (DHS) will establish a new process to “parole” noncitizens that are legitimately married to U.S. Citizens, but have been in the United States illegally for the last 10 years, so that they can apply for adjustment of status (i.e. a Green Card) without having to leave the United States or apply for a waiver.
To be considered on a case-by-case basis for this new Parole-In-Place (PIP) process, the noncitizen must:
– Be physically present in the United States without admission or parole for at least 10 years as of June 17, 2024;
– Have a legally valid and bona fide marriage to a U.S. citizen as of June 17, 2024;
– Have no disqualifying criminal history or otherwise constitute a threat to national security or public safety; and
– Merit a favorable exercise of discretion.
Please note that Noncitizen children of principal requestors may also be considered for parole under this process if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship to a U.S. citizen as of June 17, 2024.
The government will be providing more information regarding eligibility and the application process, including a notice in the Federal Register, in the near term, with the goal of this process kicking in at the end of the summer.
More information to follow, but for now, we recommend reading the White House’s Fact Sheet: https://www.whitehouse.gov/briefing-room/statements-releases/2024/06/18/fact-sheet-president-biden-announces-new-actions-to-keep-families-together/.
Wildes & Weinberg was founded in 1960 by Senior Partner, Leon Wildes. Nearly three quarters of a century later, the firm continues to concentrate its practice in all aspects of U.S. immigration and nationality law, servicing the immigration requirements of prominent American and International firms, banks, industrial, financial, and manufacturing concerns, as well as law firms in connection with the personnel needs of their foreign national employees.
In addition, the firm has a distinguished clientele and has done substantial immigration work for performing artists, directors, writers, models, actors/actresses, athletes, fine artists, art dealers, curators, and literary agents. Most notable was Leon Wildes’ successful representation of former Beatle John Lennon and his artist wife, Yoko Ono in their deportation proceedings, the basis of which has inspired legislation, and has been portrayed in films, plays, and literary works worldwide. Some of the firm’s other distinguished clients include scholar Rabbi Lord Jonathan Sacks (z”l), as well as soccer icon Pele, Master Chef Jean-Georges, musicians Sinead O’ Connor and Boy George, as well as Former First Lady Melania Trump and her family.
Michael Wildes, the firm’s Managing Partner, is also currently serving his fourth term as Mayor of Englewood, New Jersey, is the author of Safe Haven in America: Battles to Open the Golden Door (which draws on over a quarter of a century of his practice in the immigration field), is an Adjunct Professor at the Benjamin N. Cardozo School of Law in New York, and serves as Counsel to Lincoln Center and several international/corporate law firms.
Despite difficulties currently being encountered in dealing with U.S. immigration authorities, the firm has maintained an extraordinary track record for success in its cases. The firm’s litigation group has expanded its efforts in filing Mandamus Actions and other Actions in Federal Courts throughout the nation.
In addition, Wildes & Weinberg’s multilingual staff is spread throughout its offices in New York City, Englewood, New Jersey, Miami, Florida, and by appointment only in Los Angeles, California and Tel Aviv, Israel, and are known for their experience and special expertise in processing each foreign national’s case with nothing less than the highest level of professionalism.
For more information on our firm pr the new policy, please visit www.wildeslaw.com or contact Michael Wildes at michael@wildeslaw.com.