USCIS Publishes Guide to Latest Work Permit Amnesty
New details about legally dubious ‘parole in place’ program for spouses and stepchildren of U.S. citizens
By Elizabeth Jacobs on August 20, 2024
Harris podium
Summary
The new “parole in place” program is based on a strained interpretation of section 212(d)(5) of the Immigration and Nationality Act.
Aliens with criminal convictions are generally barred from the program, but USCIS policy will allow applicants to submit evidence of “positive factors” to overcome their ineligibility on the basis of a misdemeanor conviction.
Parole in place, under this program, is only available to aliens who crossed the border illegally. Aliens who overstayed their visas are ineligible.
A spouse or stepchild of an U.S. citizen may still be eligible for the parole in place under this program even if the U.S. citizen is no longer alive.
Aliens who are currently in removal proceedings or have a order of removal in place may still receive parole in place under this program.
The Biden-Harris administration will generally not issue Notices to Appear (the charging documents for removal proceedings) to applicants who are known to be in the United States illegally and are denied parole in place.
The Biden-Harris administration has fast tracked the implementation of this program despite substantial fraud found in similarly implemented parole programs.
https://cis.org/Jacobs/USCIS-Publishes-Guide-Latest-Work-Permit-Amnesty
