The Biden administration has recently taken measures to address immigration. Some of these measures have stirred up controversy, particularly a recent executive order that restricts asylum eligibility for migrants who cross the southern U.S. border unlawfully. However, the federal government has also announced new immigration policies that could help migrant families seek permanent residency.
The Department of Homeland Security (DHS) has unveiled new actions to promote family unity in the immigration process. This action aligns with the Biden-Harris Administration's commitment to keeping immigrant families together. These changes will address long-standing challenges faced by noncitizen spouses of U.S. citizens and their children.
Under existing law, noncitizens married to U.S. citizens can apply for lawful permanent residence through their marriage. However, many must first leave the United States and wait abroad for processing. This requirement often leads to prolonged, sometimes indefinite, separation from their family members who are U.S. citizens. As a result, these families fear for their future.
What new immigration policies has DHS announced?
DHS will establish a new process to consider requests from certain noncitizen spouses of U.S. citizens on a case-by-case basis. To qualify, these individuals must have lived in the United States for 10 years or more, pose no threat to public safety or national security, be eligible to apply for adjustment of status, and merit a favorable exercise of discretion.
If eligible, these noncitizens can apply for lawful permanent residence without leaving the United States. DHS estimates that roughly 500,000 noncitizen spouses of U.S. citizens could access this process, with an average U.S. residence of 23 years. Additionally, about 50,000 children of these spouses will also be eligible.
The new process includes specific eligibility criteria:
- Presence in the U.S. without admission or parole
- Continuous presence for a minimum of 10 years as of June 17, 2024
- Legally valid marriage to a U.S. citizen as of June 17, 2024
- No disqualifying criminal history
Applicants will need to file a form with USCIS, provide supporting documentation, and pay a fee. USCIS will evaluate each request on a case-by-case basis, considering factors such as immigration history, criminal background, and national security vetting.
What other steps is the government taking?
In addition to the new process for noncitizen spouses, DHS will collaborate with the Department of State to streamline certain employment-based nonimmigrant visas for those who are eligible. This effort will include Deferred Action for Childhood Arrivals (DACA) recipients and undocumented noncitizen graduates of an accredited U.S. institution of higher education.
By enhancing the existing process, the policy update aims to give U.S. employers more confidence in hiring the talent they need and ensure these individuals can quickly begin work. These actions build upon previous steps taken by the Biden-Harris Administration to strengthen family unity, including:
- Implementing family reunification parole processes for nationals of Colombia, El Salvador, Guatemala, Honduras, and Ecuador
- Updating the Cuban and Haitian family reunification parole processes
- Leading the Family Reunification Task Force to reunite nearly 800 children with their families who were separated
- Establishing country-specific parole processes for certain nationals of Cuba, Haiti, Nicaragua, and Venezuela
While these new actions utilize existing authorities to promote family unity, DHS acknowledges that only Congress can comprehensively reform the immigration system.
Get legal help from an experienced Indiana immigration attorney
It's important for immigrants and their families to understand their rights and options when seeking permanent residency in the United States. Whether you're facing potential legal challenges, seeking to bring family members to the United States, or need help with visas and green cards, now is the time to consult with an experienced immigration attorney at Hocker Law, LLC.
We stand ready to help you in these challenging times. Our law firm offers a welcoming, immigration-friendly environment where everyone is helped regardless of their legal status. Don't let the new policies intimidate you or put your future at risk. Contact us online or call us to schedule a free consultation with our legal team. Let us help you make America your home and secure your fresh start.