By: Mishita Jethi

Introduction

On June 16, 2024, DHS and the Biden-Harris Administration announced an immigration aid program intended to stabilize the lives of undocumented spouses of U.S. citizens and provide them a clearer pathway to U.S. citizenship. Simultaneously, another aid program was announced to assist DACA recipients with U.S. degrees and an employment offer to transition to certain employment-based nonimmigrant status.  

Summary

Most undocumented noncitizen spouses of U.S. citizens must depart the U.S. and apply for their immigrant visas at U.S. consulates abroad which result in long period of uncertainty and separation for families¹. As per the new, discretionary process (which is said to be published in the near term), such noncitizen spouses will be able to apply for parole in place (PIP) without leaving the United States. To be eligible under the new program, such noncitizen spouses must:

• Be present in the United States without admission or parole;
• Have been continuously present in the U.S. for at least 10 years as of June 17, 2024; and
• Have a legally valid marriage to a U.S. citizen as of June 17, 2024

Noncitizen children of such noncitizen spouses may also apply for the said parole.

It is notable that once this parole application is approved, the noncitizen spouses will have three (3) years in which to apply for permanent residency through an adjustment of status (AOS) application. In this interim period, they will be allowed to remain and work in the U.S.

The White House and DHS also announced that the DHS will collaborate with the Department of State (DOS) to assist DACA recipients, who have graduated from an accredited U.S. institution of higher education and have an employment offer from a U.S. employer, transition to certain employment-based nonimmigrant visa status more quickly and efficiently. Further information about this process is expected to be released soon.

Conclusion             

For any questions or assistance regarding this announcement, please contact your trusted Chugh, LLP immigration professional. 

¹https://www.whitehouse.gov/briefing-room/statements-releases/2024/06/18/fact-sheet-president-biden-announces-new-actions-to-keep-families-together/ and https://www.dhs.gov/news/2024/06/17/fact-sheet-dhs-announces-new-process-promote-unity-and-stability-families