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Biden Parole-in-Place
Potential parole-in-place for immigrant spouses of U.S. citizens.

Updated: July 17th, 2024

New Immigration Actions: Requirements, Benefits, and Implications

In recent developments, the Biden Administration has announced a series of new actions aimed at supporting noncitizen family members of U.S. citizens and facilitating the visa process for college graduates, including DACA recipients and dreamers. These measures are designed to promote family unity and provide stability for mixed-status families. Here’s an in-depth look at the key actions, requirements, benefits, and implications of these new measures:

Avoiding Consular Processing for Mixed-status Families

The Department of Homeland Security (DHS) has been instructed to introduce a process to help certain undocumented spouses and children of U.S. citizens apply for a green card (lawful permanent residence) without leaving the country. This action circumvents a process known as consular processing, where those who came to the country illegally but could otherwise apply for lawful permanent residence must return to their home countries and apply through the consulate abroad.
New Update: On June 18, DHS announced actions to promote family unity in the immigration process. They will consider, on a case-by-case basis, requests for parole in place from certain noncitizen spouses of U.S. citizens who have been in the U.S. for at least a decade. USCIS will begin accepting applications on August 19. Applications submitted before this date will be rejected.

Eligibility Requirements:

  • Be present in the United States without admission or parole.
  • Undocumented spouses must have resided in the U.S. for 10 or more 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.
  • Otherwise merit a favorable exercise of discretion.
For certain noncitizen children of requestors:
  • Physically present in the United States without admission or parole as of June 17, 2024.
  • Have a qualifying stepchild relationship to a U.S. citizen.

Benefits:

  • Eligible recipients will be granted a three-year period to apply for a green card (permanent residency).
  • During this period, they will be allowed to remain with their families in the U.S. and will be eligible for a work permit.
  • This action is expected to protect approximately half a million spouses of U.S. citizens and around 50,000 noncitizen children under 21 whose parents are married to U.S. citizens.
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Ann MG

Easing the Visa Process for U.S. College Graduates, Including DACA Recipients

The Administration will facilitate the work visa process for individuals, including DACA recipients and other Dreamers, who have earned a degree from an accredited U.S. institution and have received a job offer in a related field.

Eligibility Requirements:

  • Must have graduated from an accredited U.S. institution of higher education.
  • Must have received an offer of employment from a U.S. employer in a field related to their degree.

Benefits:

  • The action streamlines the process for obtaining work visas, allowing graduates to contribute to the U.S. economy.

Implications for Mixed-Status Families and Young Professionals

These new measures provide significant benefits for mixed-status families and young professionals by offering stability, promoting family unity, and facilitating the legal immigration process. For U.S. citizens with noncitizen spouses and children, the ability to apply for a green card without leaving the country reduces the risk of family separation and enhances economic stability.
For DACA recipients, the streamlined visa process will allow them to continue building successful careers in the U.S.

How Our Firm Can Help

Navigating the complexities of immigration law can be challenging. Our firm specializes in providing expert legal guidance and support to individuals and families affected by these new measures. Whether you need assistance with applying for lawful permanent residence, understanding your eligibility, or navigating the visa process, we are here to help.

Steps You Can Take Now

Aunque el USCIS aún no acepta solicitudes bajo este nuevo proceso, puede comenzar a prepararse reuniendo evidencia de su elegibilidad, como:
  • Evidence of a legally valid marriage to a U.S. citizen as of June 17, 2024 (e.g., marriage certificate).
  • Documentation of proof of identity (e.g., driver’s license, passport, birth certificate with photo ID).
  • Evidence of your spouse’s U.S. citizenship (e.g., passport, birth certificate, Certificate of Naturalization).
  • Documentation to establish your continuous presence in the U.S. for at least 10 years (e.g., rent receipts, utility bills, school records, medical records, bank transactions, tax returns).
For noncitizen children of requestors:
  • Evidence of the child’s relationship to the noncitizen parent (e.g., birth certificate, adoption decree).
  • Evidence of the noncitizen parent’s marriage to a U.S. citizen (e.g., marriage certificate).
  • Evidence of the child’s presence in the U.S. as of June 17, 2024.
Contact us today to schedule a consultation and learn more about how we can support you in securing your future in the United States.
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