White House and DHS announced two new immigration initiatives to keep families together
On June 17, 2024, the Department of Homeland Security (DHS) introduced two new measures to enhance family unity in the immigration process, consistent with the Biden-Harris Administration’s latest actions to keep families together. While this announcement leverages existing authorities, it emphasizes the need for comprehensive legislative reform to address systemic issues in the immigration system.
Parole-in-Place for certain noncitizen spouses of U.S. citizens
Under current laws, noncitizen spouses of U.S. citizens who do not qualify for an adjustment of status often face prolonged separations due to the requirement to leave the U.S. to apply for lawful permanent residence. This separation causes significant hardship and uncertainty for families. To mitigate these challenges, DHS will now consider, on a case-by-case basis, requests from noncitizen spouses of U.S. citizens who are currently present in the U.S. without admission or parole, and have lived in the U.S. for over 10 years, pose no threat to public safety or national security, and are otherwise eligible for status adjustment. If approved, these individuals can apply for lawful permanent residence without leaving the U.S. Individuals posing any threat to national security or public safety will not be eligible and will face appropriate enforcement actions.
Eligibility
To be eligible, individuals must:
Be present in the U.S. without admission or parole.
Have been continuously present for at least 10 years as of June 17, 2024.
Be legally married to a U.S. citizen as of June 17, 2024.
Have no disqualifying criminal history or pose any security threats.
Noncitizen children of potential requestors may also be considered for parole under this process if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship with a U.S. citizen as of June 17, 2024.
Application Process
Applicants must file a form with the United States Citizenship and Immigration Services (USCIS), provide supporting documentation, and pay a fee. Further details on the application process will be released soon, with USCIS starting to accept applications later this summer. Upon receipt of a properly filed parole-in-place request, USCIS will determine on a case-by-case basis whether a grant of parole is warranted and whether the applicant merits a favorable exercise of discretion. USCIS will take into consideration the potential requestor’s previous immigration history, criminal history, the results of background checks and national security and public safety vetting, and any other relevant information available to or requested by USCIS.
Out-of-status immigrants who were admitted or paroled are not eligible for the relief.
Noncitizens who came to the U.S. on a visa, visa waiver program, or parole (left the U.S. and reentered with advance parole) are not eligible for this parole-in-place program, regardless of having the required 10 years of presence and otherwise being eligible for an adjustment of status. Those individuals still need to obtain a waiver of inadmissibility and travel to obtain their immigrant visa through consular processing.
2. Enhanced Employment-Based Nonimmigrant Visa Process for Dreamers
Additionally, DHS will collaborate with the Department of State to streamline the process for certain employment-based nonimmigrant visas for DACA recipients and other Dreamers who have graduated from accredited U.S. institutions and who have received an offer of employment from a U.S. employer in a field related to their degree, to obtain work visas more quickly.
Is a sponsor required for the streamlined work visa process?
Yes, a job offer is a requisite. Specific guidance on the application process is expected to be released soon, providing detailed instructions on how to apply and what documentation will be required. However, the announcement explicitly says that a job offer is needed and that the initiative only applies to nonimmigrant visas.
Does the program provide Dreamers with a pathway to the green card?
The program does not create a direct path to the green card, as it only applies to nonimmigrant visas. In other words, it does not facilitate access to employment-based immigrant visas such as EB1, EB2, or EB3. However, the nonimmigrant visas could open new opportunities for legal permanent residence down the line. We will know more once the details of the program are unveiled.
Do you want to know whether you qualify for the new programs?
Click here to schedule your consultation with immigration attorney Mayra Lazar.
Sources:
https://www.whitehouse.gov/briefing-room/statements-releases/2024/06/18/fact-sheet-president-biden-announces-new-actions-to-keep-families-together/
https://www.dhs.gov/news/2024/06/17/fact-sheet-dhs-announces-new-process-promote-unity-and-stability-families
Stay tuned for updates as DHS rolls out these critical changes to promote family unity and stability.
