President Biden’s New Immigration Policy: Protecting Undocumented Spouses and Promoting Family Unity
On June 18, 2024, President Joe Biden unveiled an executive action to reinforce his administration’s commitment to family unity, specifically designed to protect undocumented spouses and children of American citizens from deportation. Revealed during a pivotal election year, this policy aims to secure the status of approximately 500,000 immigrants, highlighting ongoing efforts to support families that have significantly contributed to American society over the years. During a White House ceremony, President Biden labeled this measure a “common-sense fix” for an outdated and precarious immigration system, emphasizing that it would allow well-established residents who actively participate in the economy and community life to stay in the U.S. with their families. This initiative reflects a strategic step towards rectifying systemic issues in U.S. immigration policies, ensuring that those who have built their lives here do not face the harsh realities of deportation.
Understanding this Policy
President Biden’s new policy specifically targets noncitizen spouses of U.S. citizens who have been in the United States without formal admission or parole for over a decade. To be eligible, these individuals must also have no major criminal convictions and must not pose a threat to national security. This move by DHS (Department of Homeland Security) is expected to potentially benefit up to 500,000 noncitizen spouses by allowing them to apply for lawful permanent residence (green card status) without the need to leave the U.S. and undergo consular processing abroad.
Eligibility Criteria
To qualify under this new process, applicants must:
- Have been continuously present in the U.S. for at least 10 years.
- Be married to a U.S. citizen as of June 17, 2024.
- Have no disqualifying criminal records.
- Pass necessary background checks and vetting to ensure they do not pose a security threat.
Approximately 50,000 children of these eligible spouses may also file an application for protection under this law, making this a comprehensive family-focused initiative.
What Can You Do Now If You Qualify?
While the exact process details are still being finalized by the government, if you meet the above criteria, you can begin preparing by gathering proof of your continuous presence in the U.S. for the past 10 years. This could include documents like pay stubs, bank statements, school records, or any other paperwork that shows you’ve been living in the U.S. These documents can be crucial when the application process opens, helping to fast-track your submission and avoid delays.
Application Process and Timeline
The application process will officially begin with the publication of a Federal Register Notice in late summer 2024, detailing all necessary procedures and required documents. It’s crucial for potential applicants to wait for this publication before submitting any forms to avoid rejections.
What about DACA?
Along with supporting undocumented spouses of U.S. citizens, President Biden’s recent policy aims to streamline the acquisition of work visas for “Dreamers.” DACA recipients with U.S. college degrees and high-skilled job offers can now apply for H-1B visas, integrating these qualified individuals more smoothly into the U.S. workforce and providing a potential path to citizenship. Furthermore, President Biden introduced regulations to simplify the qualification process for long-established work visas, offering more stable protection than the currently precarious DACA work permits, which are facing legal challenges and are not accepting new applications.
Preventing Scams
DHS also emphasizes the importance of avoiding immigration scams. Applicants are advised to seek help only from authorized legal representatives and to be wary of scams, including government impersonators and fraudulent websites.
This new policy represents a significant shift towards a more humane and family-oriented approach in U.S. immigration policy. It offers a path to stability for thousands of families, reinforcing the administration’s commitment to family unity. As we await further updates and detailed guidance from DHS, our team at Mandl Immigration Lawyers is prepared to assist you in providing the necessary support to those individuals protected by this law. Stay tuned to our website www.Mandl.Law for the latest information and how we can help you navigate this new process as soon as more details are available.