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Biden’s Executive Action: Unity and Stability for Families

June 18, 2024 by Lloyd Bennett

Washington, DC – On Tuesday, June 18, 2024, President Biden announced executive actions that will allow certain noncitizen spouses and children of U.S. citizens to obtain work authorization and legal permanent resident (LPR) status and pride eligible DACA recipients and other Dreamers with a path to receive a work visa. We await further information regarding the application process from the federal government.

To be considered for this process, an individual must:

  • Be present in the US without admission or parole.
  • Have been continuously present in the US for at least ten (10) years as of June 17, 2024; and
  • Have a legally valid marriage to a US citizen as of June 17, 2024.

In addition, an individual must have no disqualifying criminal history or otherwise constitute a threat to national security or public safety and should otherwise merit a favorable exercise of discretion.

Noncitizen children and stepchildren of potential requestors may also be considered for parole under this process if they are physically present in the US without admission or parole and have a qualifying relationship with a US citizen as of June 17, 2024.

To be considered for parole, an individual will need to file a form with USCIS along with supporting documents to show they meet the requirements and pay all fees relating to the application. USCIS will decide on a case-by-case basis whether the grant of parole is warranted.

In addition, DREAMERS who have graduated from accredited universities will have a path to qualify for nonimmigrant employment-based visas.

This is a bold step towards addressing the needs of American families and businesses. We applaud the Administration’s use of its existing legal authority to keep families together and implement sensible, humane immigration solutions. Much like the DACA program 12 years ago, this new effort has the potential to change the lives of hundreds of thousands of American families and provide the opportunity for those who are eligible to make even more contributions to the communities where they have lived for more than a decade.

If you, a family member, or friend would like more information regarding this process please contact our office.

Categories: Immigration Law

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