On June 18, 2024, President Biden formally announced an immigration program that will afford legal status and a pathway to citizenship to undocumented spouses and children of US citizens who have been living in the US for at least ten years as well as ease the transition to employment-based nonimmigrant status for Dreamers with a US degree and a job offer.
Relief for Undocumented Spouses and Children:
In an effort to keep families together, under the administration’s plan, spouses and children of US citizens who have been living in the United States for at least ten years may be eligible to apply for a Green Card without leaving the country, if, as of June 17, 2024:
They are in the United States after entering without permission;
They have lived in the United States for at least 10 years and have never left;
They are legally married to a US citizen or have a qualifying stepchild relationship with a US citizen; and
They do not have a disqualifying criminal history or pose a threat to national security or public safety.
Those undocumented spouses and children who meet the criteria detailed above may be granted parole-in-place. Parole would be granted for a one-time period of three years and applicants may also be eligible for employment authorization for up to three years. Once granted parole, undocumented spouses and children will be able to apply for their Green Card within three years of approval. The program will safeguard qualifying individuals from having to leave the US to apply for permanent residency and risk being unable to re-enter the country for an undetermined time. The program is expected to launch by the end of summer after a Federal Register notice detailing the process to apply is published.
Relief for Dreamers:
Recognizing that “it is in our national interest to ensure that individuals who are educated in the U.S. are able to use their skills and education to benefit our country, the Administration is taking action to facilitate the employment visa process for those who have graduated from college and have a high-skilled job offer, including DACA recipients and other Dreamers.” The administration’s plan will make it easier for DACA recipients who have been living in immigration limbo, to gain access to work visas provided they have a degree form an accredited US institution of higher education and they have a job offer from a US employer in a field related to their degree. This, in turn, could ease the road to obtaining a Green Card, protecting their legal status even if DACA, which has been mired by litigation, is deemed not legal. Specific details for the program are not available but we will post updates as they are made public.