On June 17, 2024, The Department of Homeland Security (DHS) announced actions to promote family unity in the immigration process, consistent with the Biden-Harris Administration’s commitment to keeping families together. This announcement utilizes existing authorities to promote family unity, but only Congress can fix our broken immigration system. Keep reading to find out more!
Previously, noncitizens married to U.S. citizens could apply for residency through their marriage. However, many noncitizens must leave the U.S. and wait abroad for processing, leading to prolonged and possibly indefinite separation from their families. This situation causes significant hardship and leaves these families living in fear and uncertainty about their future.
To address this issue, DHS will create a new process to review requests from noncitizen spouses of U.S. citizens on a case-by-case basis. This applies to those who have lived in the U.S. for over 10 years, pose no threat to public safety or national security, are eligible for residency, and deserve favorable consideration. If eligible, these noncitizens can apply for residency without leaving the U.S. This program may also include their children.
As of today, DHS has not published the official instructions. Once they are published by the Federal Register, the process will become clearer. Nevertheless, DHS has provided the general requirements for consideration.
To be considered on a case-by-case basis for this process, an individual must:
- Be present in the United States without admission or parole;
- Have been continuously present in the United States 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.
To qualify, individuals must have no disqualifying criminal history and pose no threat to national security or public safety. They must also merit a favorable exercise of discretion. Noncitizen children of applicants may also be considered for parole if they are physically present in the U.S. without admission or parole and have a qualifying stepchild relationship to a U.S. citizen as of June 17, 2024. To apply for parole, individuals need to submit a form to USCIS with supporting documentation and pay a fee.
Questions to consider
- Does the applicant need to be married to a citizen for 10 years? No
- If the applicant is married to a legal permanent resident, who later becomes a citizen, are they eligible for the program? Probably not. The White House statement has specified that to qualify, the applicant must have a legally valid marriage to a U.S citizen (not resident) as of June 17, 2024.
- If the applicant overstayed their visitor visa, will they be eligible? No. Parole in place under this process may be granted only to certain individuals who are present in the United States without admission. This process is not available to those who were previously lawfully admitted to the United States.
- If the applicant is in removal proceedings, will they be eligible for this process? Noncitizens in removal proceedings may apply for parole in place under this process before USCIS if they otherwise qualify under this process. USCIS will weigh, on a case-by-case basis, the existence and circumstances of the removal proceedings, as well as the applicant’s positive equities, in determining whether to grant parole in place.
Remember, the official instructions should be published soon, hopefully by the end of the summer, and attorneys will have more clarity on the process. You can learn more about the process here: https://www.uscis.gov/keepingfamiliestogether?fbclid=IwZXh0bgNhZW0CMTAAAR3tqTwPkbt7LG4nIW_SKdO3jeZb3XC3RAWCSkq4sqdv0j1-GByhyc6QJXQ_aem_ZmFrZWR1bW15MTZieXRlcw
