How Can My Child Apply for a Green Card Under “Parole In Place” In California?

Maison Immigration helps families with immigration issues and citizenship questions. One of the newest programs available to certain noncitizens is known as “Parole in Place.” It was announced and designed for spouses, but also includes provisions for children to reach full citizenship. If your spouse or child currently lives with you in California and are interested in learning more about their options, contact us today for an initial consultation.

Should You Hire a Lawyer?

You never want to get into a situation where your immigration status or ability to live here in the United States with your family is up in the air. While there are options like “Parole in Place”, our political climate can change very quickly. As such, you need to act quickly to take advantage of the options available to you and your family.

One of the best ways to do that is to work with our team at Maison Immigration. Our team can explain your options and how the process works, and what you need to do to be successful. More than anything, we want to make this process easier for you and your family.

Can My Child Apply For a Green Card Under the “Parole in Place” Program?

The stated purpose of the Department of Homeland Security’s (DHS) “Parole in Place” program is that it allows you to keep your family together if you’re currently living in California or anywhere else in the United States.

Specifically, it applies to:

  • Noncitizen spouses of current U.S. citizens that are legally married and have lived here continuously for at least the last 10 years.

However, it can also apply to certain children. In terms of eligibility, your child can be included in the program if they are:

  • Currently living in the United States without parole
  • Have a “qualifying” stepchild relationship with their parent that’s a U.S. citizen

In simpler terms, your child can eventually apply for a green card if the application is accepted. However, your spouse has to apply for a green card within three years of acceptance, and hte same time period applies to your child.

What is a Qualifying Stepchild Relationship?

The main hurdle your child has to get a green card is meeting the requirements for the program, specifically the “qualifying stepchild relationship” provision. While it might sound a bit challenging, it’s actually fairly straightforward. In order to qualify for a stepchild relationship, the following qualifications must be met:

  • Marriage deadline – The marriage between the child’s biological or adoptive parent and the U.S. citizen parent must have taken place before the child turned 18 years old.

  • Legal marriage – The marriage must be legally binding, meaning it’s documented and licensed according to California law.

  • Parent-child relationship – The stepchild relationship must be genuine and not solely for immigration benefits. This means that the U.S. citizen parent and stepchild should have a real, ongoing parent-child relationship.

How Can You Prove The Stepchild Relationship?

Obviously, you’re going to have to provide certain evidence and documentation to make sure your child has what they need to be paroled. While every case is different under the DHS, here’s a few of the things you can use to cement your stepchild relationship:

  • Your step child’s birth certificate
  • Your marriage license
  • School records showing your involvement in your step child’s education.
  • Medical records showing your participation in your stepchild’s healthcare.
  • Affidavits from people who can testify to your relationship, like family members, friends, or teachers.
  • Photos or videos showing you and your stepchild together at various family events, holidays, or other events, as well as any written correspondence that indicates a close relationship.

Collecting and presenting these documents in a compelling way is a great start in getting your stepchild on the path to citizenship. But if you want to make sure that your family is able to continue together, our team at Maison Immigration will be there to support you.

Contact Maison Immigration Today

The immigration process is all about being prepared. At Maison Immigration, our team of experienced California immigration lawyers can guide you through the ins and outs of the new Parole in Place program, and make sure your spouse or stepchild are able to approach it with confidence. To get the process started, contact us today to set up a consultation.