This sponsored column is by Law Office of James Montana PLLC. All questions about it should be directed to James Montana, Esq., Janice Chen, Esq., and Austen Soare, Esq., practicing attorneys at The Law Office of James Montana PLLC, an immigration-focused law firm located in Falls Church, Virginia. The legal information given here is general in nature. If you want legal advice, contact us for an appointment.

According to a WSJ (paywalled) scoop this week, and as widely reported in other (non-paywalled) sources, the Biden Administration is weighing a major immigration move: granting a rare form of relief called “Parole in Place” to spouses of U.S. citizens. Our job, as your friendly local immigration lawyers, is to explain what this would mean and how it would work in practice.

First, we have to draw out a basic distinction. U.S. immigration law treats non-citizens quite differently depending on how they came to the United States. To simplify things enormously: if you came through the airport, you’re much better off than if you crossed the border.

If you came through the airport, and you subsequently marry a U.S. citizen, you can apply for a green card based on that marriage.

If you cross the border, and you subsequently marry a U.S. citizen, you can’t apply for a green card directly. (You can, under some circumstance, put into motion a half-decade long process through which you might be able to get a green card after many legal bills get paid and after you make a return trip to your country of origin for a cuticle-chomping interview at the U.S. Embassy, but that procedure is outside the scope of this explainer.) (more…)