On June 18, 2024, President Biden announced a series of immigration actions using the authority granted to him by our existing immigration laws. These actions will help certain undocumented individuals in the United States, including:
- Undocumented spouses and children of U.S. citizens who have been living in the United States for at least 10 years.
- College-educated DACA recipients (or Dreamers) and college-educated undocumented immigrants who are otherwise qualified for employment-based nonimmigrant status, such as an H-1B specialty occupation visa.
Spouses and Children of U.S. Citizens
Eligibility:
You may be eligible to apply for your green card without leaving the United States, if, as of June 17, 2024:
- You are in the United States after entering without permission.
- You have lived in the United States for at least 10 years and have never left.
- You are legally married to a U.S. citizen or have a qualifying stepchild relationship with a U.S. citizen.
- You do not have certain types of criminal history or pose a threat to national security or public safety.
The government will consider each applicant on a case-by-case basis to determine if they merit a favorable exercise of discretion for parole.
Benefits:
If you meet these criteria, the government MAY grant you parole-in-place for a one-time period of three years. While your parole status is current, you may:
- Apply for employment authorization.
- Apply for your green card.
Undocumented immigrants who are seeking permanent residency may greatly benefit from this parole because it may allow them to remain in the United States while applying for residency when they otherwise would have had to return to their home country.
Employment-Based Nonimmigrant Visas
In addition, the immigration actions will allow certain highly educated DACA recipients (or Dreamers) and other undocumented immigrants to more easily obtain a temporary visa. To be eligible, you must have:
- A degree from an accredited U.S. institution of higher education.
- An offer of employment from a U.S. employer in a field related to your degree.
Things we don’t yet know
- The specifics on exactly who will qualify is not clear. Immigration has not yet released all of the rules. Details on how to apply are expected to be released by the end of the summer through a Federal Register notice.
- We are not sure how this will help those with multiple entries that are subject to the permanent bar.
- The government has not yet listed what “certain types of criminal history” means. We are unsure what crimes will disqualify you.
Before you get too excited:
Please note that these programs have NOT YET begun. This means:
- You CANNOT submit an application at this time.
- An early-filed application WILL BE REJECTED.
- You SHOULD NOT pay anyone a fee associated with filing an application at this time.
- BE PATIENT and take the time to find the right help. The wrong advice could harm your chances of staying in the United States, getting lawful status, or becoming a U.S. citizen.
- DON’T BE FOOLED by notarios and other consultants who promise immediate results or special solutions in order to steal your money. Many unscrupulous individuals will cost more than licensed attorneys! If you are unsure if someone is qualified to help, ask for proof of their credentials and retain a copy of that evidence.
- This program could also be legally challenged, which could impact its implementation.
- If Trump wins the election this fall, this will likely not continue.
What you should do now:
- Start collecting proof that you have lived in the United States for over 10 years. Examples include bank statements, bills, pay stubs, school records, etc.
- Contact us at the end of the summer once the full plan has been implemented.