Yesterday, the Biden Administration announced a new immigration program in the United States aimed at promoting family unity.
The program will allow some undocumented spouses and undocumented children of U.S. citizens to apply for lawful permanent residence and work authorization without having to leave the country to complete the processing of their applications. This program ensures that many U.S. citizens married to undocumented individuals can keep their families together.
Initial information states that applications are to be considered on a case-by-case basis and that an individual must:
- Be present in the United States without admission or parole;
- Have been continuously in the United States for at least 10 years as of June 17, 2024; and
- Have a legally valid marriage to a United States citizen as of June 17, 2024.
Also, individuals must have no disqualifying criminal history or otherwise constitute a threat to national security or public safety and should otherwise merit a favorable exercise of discretion. United States Citizenship and Immigration Services (USCIS) will reject any filings or individual requests received before the application period begins later this summer.
In addition, the U.S. Department of Homeland Security (DHS) has announced that it will join the Department of State (DOS) to more efficiently facilitate certain employment-based nonimmigrant visas for eligible individuals, including Deferred Action for Childhood Arrivals (DACA) recipients and undocumented noncitizens, who have graduated from an accredited U.S higher education institution.
Stay tuned for further information on specific eligibility requirements and the application processes for both programs.
Learn more in the American Immigration Lawyers Association’s Featured Issue: New Actions to Promote Family Unity (aila.org).
