President Biden's administration continues to prioritize comprehensive immigration reform by introducing new measures aimed at maintaining family unity and enhancing lawful immigration pathways. These actions are part of the administration's ongoing efforts to address the complex challenges within the U.S. immigration system and provide stability to families who have long contributed to American society.
At ILS, we understand the complexities of immigration law and are committed to helping businesses navigate the system effectively. If you need assistance with immigration matters, please contact our Head of Immigration, Anna Sun, at anna.sun@consultils.com.
New Immigration Process
The Department of Homeland Security (DHS) has introduced a new process that allows certain noncitizen spouses and children of U.S. citizens to apply for lawful permanent residence without having to leave the United States. This initiative is designed to mitigate the hardships faced by families who would otherwise endure prolonged separation due to the requirement of processing abroad.
Eligibility and Application Process
To be considered for this new process, individuals must meet the following criteria:
Presence: Be present in the U.S. without admission or parole.
Continuous Presence: Have been continuously present in the U.S. for at least ten years as of June 17, 2024.
Marriage: Have a legally valid marriage to a U.S. citizen as of the same date.
Safety: Have no disqualifying criminal history and not pose a threat to national security or public safety.
Noncitizen children of eligible spouses may also be considered for parole if they are physically present in the U.S. and have a qualifying stepchild relationship to a U.S. citizen as of June 17, 2024.
Applicants will need to file a form with USCIS, provide supporting documentation, and pay a fee. Further details will be published in an upcoming Federal Register notice. USCIS will reject any filings received before the official start of the application period later this summer. Each case will be evaluated individually, considering the applicant’s immigration history, criminal history, background checks, and other relevant information. USCIS has robust processes to identify and prevent fraud, ensuring the integrity of the program.
Supporting DACA Recipients and Dreamers
In addition to family reunification efforts, the administration is facilitating the employment visa process for DACA recipients and other Dreamers. The Deferred Action for Childhood Arrivals (DACA) program, established in 2012, provides temporary protection from deportation and work authorization to undocumented immigrants who were brought to the United States as children. These individuals, often referred to as Dreamers, have grown up in the U.S., attended American schools, and are integral parts of their communities.
This initiative aims to ensure that DACA recipients and other Dreamers who have earned degrees from accredited U.S. institutions and received job offers in their field of study can more quickly obtain work visas. By retaining highly skilled and educated individuals, this measure supports their continued contribution to the U.S. economy and communities.
Conclusion
The new measures announced by President Biden reflect a commitment to family unity and the humane treatment of immigrants who have long been part of the American social fabric. These actions are crucial steps towards comprehensive immigration reform that benefits both individuals and the broader U.S. society.
At ILS, we understand the complexities of immigration law and are committed to helping businesses navigate the system effectively. If you need assistance with immigration matters, please contact our Head of Immigration, Anna Sun, at anna.sun@consultils.com.
Anna Sun, Esq. is the Head of Immigration at ILS. She has advised clients for many years on all aspects of U.S. business immigration matters and has assisted employers worldwide in hiring and retaining foreign national executives and highly talented individuals for their U.S. workforce.
Email: anna.sun@consultils.com | Phone: +1 (626) 344-8949
*Disclaimer: This article does not constitute legal opinion and does not create any attorney-client relationship.
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