The Logan Firm is excited to announce that on June 17, 2024, the Department of Homeland Security (DHS) announced a new process for spouses and children of U.S. citizens who entered the United States without inspection to apply for lawful permanent resident status without having to leave the country.  The known requirement thus far are that the spousal applicant must: 

  • Be present in the United States and have entered the United States without admission or parole  
  • Be legally married to a U.S. citizen as of June 17, 2024  
  • Have been in the United States for 10 years before June 17, 2024 
  • Be otherwise admissible 
  • Not be a threat to U.S. national security or public safety 
  • Merit a favorable exercise of discretion 

Child applicants will need to have a qualifying parent or step-parent relationship as of June 17, 2024.  

Potential applicants will have to wait to move forward until late this summer when DHS publishes more specific information about who will qualify and how to apply.  

This process will allow the applicants to receive parole in place and apply for adjustment of status.  They will receive a work permit while their adjustment of status application is pending and will not have to leave the country to finalize the process.  This is in contrast with the current pathway to permanent residency through the I-601A waiver, where an applicant must file an I-601A waiver of inadmissibility for unlawful presence, wait for the outcome, and then be scheduled for an interview abroad. 

DHS also announced a new program for DACA recipients who are also college graduates to apply for nonimmigrant work visa abroad.  DHS will release further details.  

If you are a current client of the Logan Firm, our attorneys will review your case to determine if you are eligible for this new pathway to permanent resident status.  If you are eligible, your attorney will reach out soon to discuss this new option.   

Individuals who are not current clients can call our firm to schedule an in-depth consultation to determine eligibility, or alternate ways to obtain status in the United States.