President Biden Announces Executive Order Promoting Family Unity in Immigration Process
Today, President Biden has announced a new Executive Order aimed at protecting American families in which certain undocumented individuals married to a U.S. citizen may receive a green card without having to leave the country. Up until now, an undocumented immigrant who entered the U.S. without inspection was required to depart the U.S. during the green card process in connection with a U.S. citizen spouse. This caused severe hardship to families with one spouse/parent required to leave the U.S. for an unknown duration of time, long wait times, and uncertainty of approval. With this order, those same individuals may now complete the process within the U.S., remaining with their family, and receiving work authorization during the process. DHS estimates that approximately 500,000 noncitizen spouses of U.S. citizens could be eligible for this program, and on average, these individuals have resided in the U.S. for 23 years. Approximately 50,000 children of these spouses will be eligible for this process. The application period is expected to start later this summer.
Additionally, DHS will join the Department of State in an effort to more effectively facilitate certain employment-based nonimmigrant visas for Deferred Action for Childhood Arrivals (DACA) recipients and undocumented noncitizens who have graduated from an accredited U.S. institution of higher education.
Eligibility criteria:
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.
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
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 to a U.S. citizen as of June 17, 2024.
