Update on Biden’s action for undocumented spouses and children of Americans (June 20, 2024)
U.S. Citizenship and Immigration Services recently published an update to President Biden’s announcement concerning the spouses and children of U.S. citizens, as EA Law LLC explained earlier this week and reported last week.
In preparation of the final rule announcement, individuals should consult with an attorney and provide the following evidence at their consultation, to see if they qualify:
Evidence that the applicant has been continuously present in the United States since June 17, 2014 (10 years prior to the date of the announcement);
Evidence that he or she is legally married to a U.S. citizen as of June 17, 2024; and
Evidence of favorable discretionary factors (e.g. good moral character evidence, tax filings, letters of recommendation, criminal history, etc.).
Additionally, see an outline of the key updates from the USCIS page:
The administration will publish more information regarding eligibility and the application process, including a notice in the Federal Register, in the “near term.”
Until the rule is finalized, USCIS will reject filings or requests in relation to this process.
The application process begins later this summer.
For each request, USCIS will determine whether parole-in-place is warranted, based on a “significant public benefit or urgent humanitarian reasons,” and whether the applicant deserves a “favorable exercise of discretion,” in light of the applicant’s immigration and criminal history, background checks, national security and public safety vetting, and any other relevant information as USCIS sees fit.
Grants of parole under this process will be for three years. During this three-year window, spouses of U.S. citizens will be eligible to apply to adjust status to permanent residence.
Visa overstays will not be eligible for this parole program, but likely still qualify for other immigration relief (e.g. adjustment of status).
Applicants who are in removal proceedings may still apply for parole in place with USCIS, so long as they otherwise qualify under this process. However, if the applicant is an enforcement priority under the Guidelines for the Enforcement of Civil Immigration Law, issued by Secretary Mayorkas in September 2021, will be disqualified.
If USCIS denies a parole request, they will likely follow the Mayorkas Guidelines, mentioned above, to determine whether to place the applicant into removal proceedings.
An applicant’s noncitizen children may also be considered for parole in place, if the child is physically present in the U.S. without admission/parole and is a “stepchild” of the U.S. citizen spouse as of June 17, 2024.
To qualify as a “stepchild” under immigration law, the noncitizen child must be unmarried, under the age of 21, and the marriage of their noncitizen parent applicant and their U.S. citizen stepparent must have taken place prior to the child’s 18th birthday.
An applicant who receives an approval for the parole will become immediately eligible to apply for an employment authorization document (EAD or work permit) from USCIS under the (c)(11) category code.
If you want to make an appointment to speak with an attorney to see if you qualify, click the appointment link below.
