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Latest updates and information to know about President Biden’s new policies related to ‘Parole in Place’ eligibility for undocumented spouses of U.S. citizens, work permits for ‘Dreamers’

President Joe Biden announced a pair of key immigration policies in mid-June.

The first allows certain undocumented individuals who are married to U.S. citizens, as well as their children, to apply for legal permanent residency via “Parole in Place,” while the second creates a pathway for “DACA recipients and other Dreamers” to “more quickly receive work visas.”

It is important to note that information on these programs is currently very limited. Key details have not yet been released, including exact eligibility, application procedures, and timeline. There are no forms or applications to file pursuant to this program at this time.

Below are key details about both programs announced by the White House. This story will continue to be updated as more information becomes available.

USCIS releases FAQs about expanded Parole in Place eligibility

United States Citizenship and Immigration Services (USCIS) published a brief FAQ page in late June related to the new policy expanding Parole in Place to certain undocumented spouses of U.S. citizens.

The FAQs stated more information will be available “in the near term” once a notice is released in the Federal Register.

“USCIS will soon publish a Federal Register Notice to implement this process, explain the application process, and provide additional guidance on requirements to be considered for parole in place,” read the full FAQ here. “This notice will explain what forms to file, the associated filing fees, any required documentation, and supporting evidence that will be needed to request parole in place.”

Read all of the FAQs here.

How to proactively prepare for application process

Garfinkel Immigration Law Firm published a list of steps potential applicable spouses could take to proactively prepare for the “Parole in Place” application process.

The list of steps included:

  • Understand the specifics of “Parole in Place”
  • Consult with experienced immigration counsel
  • Be aware of any potential admissibility issues and ineligibilities
  • Start compiling necessary documentation and evidence
  • Be prepared to file application as soon as possible in case the program is impacted by litigation and/or future presidential administrations

Read the full story here.

Biden says programs will launch “later this summer”

President Joe Biden said at a press conference announcing the new policies that they could potentially go “into effect later this summer.”

“These couples have been raising families, sending their kids to church and school, paying taxes, contributing to our country for every — for 10 years or more — matter of fact, the average time they’ve spent here is 23 years, the people we’re affecting today — but living in the United States all this time with a fear and uncertainty,” Biden said at the press conference. “We can fix that, and that’s what I’m going to do today: fix it.”

Biden added that the U.S. is “a much better and stronger nation because of Dreamers.”

“I’m announcing new measures to clarify and speed up work visas to help people, including Dreamers, who have graduated from U.S. colleges and universities, landed jobs in high-demand, high-skilled professions that we need to … see our economy grow,” Biden said. “I want those who have been educated at U.S. college and universities to put their skills and knowledge to work … here in America.”

Parole in Place for undocumented spouses of U.S. citizens

The Immigration and Nationality Act (INA) allows for Parole in Place (PIP) to be granted for “urgent humanitarian reasons or significant public benefit.” Undocumented individuals could be eligible for PIP under Biden’s new initiative if they:

  • Have lived in the United States for at least 10 years as of June 17, 2024
  • Are married to a U.S. citizen
  • Satisfy all other “applicable legal requirements”

Applications will be adjudicated on a case-by-case basis. Spouses who are granted PIP will be provided authorization to work in the United States for up to three years. Further, spouses who receive PIP are “paroled” for the purposes of applying for a green card inside the United States under the INA.

Find out more about the Parole in Place for certain undocumented spouses of U.S. citizens.

Work permits for ‘Dreamers’ and others

The Biden administration announced a new policy in mid-June which eases “the visa process for U.S. college graduates, including ‘Dreamers.’”

The new policy will allow DACA recipients and others who have graduated with a degree from a U.S. college or university to “more quickly receive work visas,” if they have been offered a full-time, permanent job from a United States employer in a field related to their area of study.

“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 fact sheet read.

Learn more about the policy easing work permits for “Dreamers.”

 

This story was last updated on June 26, 2024.


As always, please do not hesitate to contact Garfinkel Immigration Law Firm at 704-442-8000 or via email with any questions.

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