A Guide to Immigration Eligibility for the Department of Homeland Security's "Parole in Place" Application
Insights for Employers Alert | 2 min read
Jul 31, 2024
The Department of Homeland Security (DHS) has announced that on August 19, 2024, they will begin accepting applications for its new Parole in Place process, which is intended to promote family unity and stability.
The Parole in Place program should provide much-needed relief to many mixed-status families who face lengthy separations, sometimes stretching for years or decades at a time. While more details on the process are still forthcoming, the DHS has provided the following information so far.
Who is Eligible?
To be considered for this discretionary grant of parole on a case-by-case basis, you must:
- Be present in the United States without admission or parole;
- Have been continuously present in the United States for at least 10 years as of June 17, 2024;
- Have a legally valid marriage to a U.S. citizen as of June 17, 2024;
- Not have any disqualifying criminal history or otherwise constitute a threat to national security or public safety; and
- Otherwise, merit a favorable exercise of discretion.
Noncitizen children of spouses who are granted parole under this process may also be considered for parole on a case-by-case basis if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship with a U.S. citizen parent as defined by the Immigration and Nationality Act as of June 17, 2024.
What Should Applicants Do Now?
DHS recommends that applicants begin to gather evidence of eligibility, such as:
- Evidence of a legally valid marriage to a U.S. citizen as of June 17, 2024;
- Government-issued documentation of proof of identity, such as a valid passport, birth certificate, driver’s license, etc.;
- Evidence of your spouse’s U.S. citizenship, such as a passport, birth certificate, or Certificate of Naturalization;
- Documentation to establish your continued presence in the United States for at least 10 years as of June 17, 2024. Examples of documentation could include copies of the following:
- Rent receipts or utility bills;
- School records (letters, report cards, etc.);
- Hospital or medical records;
- Birth certificates of children born in the United States;
- Dated bank transactions;
- Automobile license receipts, title, or registration;
- Deeds, mortgages, or rental agreement contracts;
- Insurance policies; or
- Tax returns or tax receipts.
For noncitizen children of requestors, evidence of eligibility could include:
- Evidence of the child’s relationship to the noncitizen parent, such as a birth certificate or adoption decree;
- Evidence of the noncitizen parent’s legally valid marriage to a U.S. citizen as of June 17, 2024; and
- Evidence of the child’s presence in the United States as of June 17, 2024.
What's Next?
Applications cannot be submitted yet. DHS will publish a Federal Register notice that will further explain eligibility and the application process. Any application filed before that guidance and the implementation date will be rejected.
DHS will continue to provide additional information and updates on this process through their website: Process to Promote the Unity and Stability of Families.
If you have questions or would like to schedule a consultation to discuss these important immigration programs, please contact our immigration services group.
Featured Insights

Insights for Employers Alert
Jun 9, 2026
A Win for Employers: Federal District Court Finds $100,000 H-1B Visa Petition Fee is Unlawful

Press Release
Jun 9, 2026
Calvin Edwards Honored With 2026 Rising Star Award by the Black Men Lawyers’ Association

Webinar
Jun 9, 2026
John DeLascio Speaks on How Social Inflation is Reshaping Insurance Risk

Consumer Crossroads: Where Financial Services and Litigation Intersect
Jun 8, 2026
Court Distinguishes Between Clickwrap and Browsewrap Arbitration Agreements

Webinar
Jun 8, 2026
Aimee Delaney and Jason Oliveri Speak on Workplace Generative AI Usage

Insights for Insurers Alert
Jun 8, 2026
New York’s Sweeping Motor Vehicle Tort Law Reforms: More Than Meets the Eye

Privacy, Cyber & AI Decoded Alert
Jun 5, 2026
AI Governance Expectations on the Rise for Insurers Amid New Regulatory Activity

Press Release
Jun 4, 2026
Hinshaw Recognized Nationally in 2026 Chambers USA Directory







