On August 19, President Biden's executive order to keep families together went into effect. USCIS will process these applications on a case-by-case basis, and when approved, the immigrant will have a 3-year period to apply for permanent residency and will be able to obtain a work permit.
What does the executive order say?
President Biden has directed the Department of Homeland Security (DHS) to implement a process to ensure that U.S. citizens with non-citizen spouses and children can keep their families together. This new measure will allow certain non-citizen spouses and children to apply for lawful permanent residency without having to leave the country. This is especially significant, as it seeks to simplify and humanize the immigration process for thousands of families.
Who is eligible?
To be eligible under this new process, non-citizens must have resided in the United States for at least 10 years as of June 17, 2024, and be legally married to a U.S. citizen. Those who are approved will have a three-year period to apply for permanent residency and will be eligible for work authorization during this time. This action is expected to protect approximately half a million spouses of U.S. citizens and 50,000 non-citizen children under the age of 21.
Changes to DACA
The announcement also brings good news for DACA recipients and other Dreamers. Individuals who have obtained a degree from an accredited institution of higher education in the US and who have received a job offer in a field related to their degree will be able to obtain work visas more quickly.
What We Know
To be considered under this new process, an individual must meet the following requirements:
- Being present in the United States without admission or parole.
- Have been continuously present in the United States for at least 10 years since June 17, 2024.
- Being legally married to a United States citizen since June 17, 2024.
- Have no disqualifying criminal record and not constitute a threat to national or public security.
- Form I-131F may only be filed online.
- The filing fee is $580. Requests for fee waivers will not be accepted.
- Each person applying for parole in place must submit a separate application, including minors. Each applicant must have their own USCIS online account.
In addition, non-citizen children of spouses who are granted parole may also be considered if they meet certain requirements.
How is Eagan preparing?
At Eagan, we are assessing the eligibility of our current clients and preparing new services to adapt to this measure. We are committed to offering innovative solutions and the best possible legal advice as soon as more official details are released.
This new announcement by President Biden is a significant step toward family reunification and stability in the United States. Although many details still need to be worked out, we are working diligently to prepare and provide the best advice to our clients. Stay tuned for further updates as more official details are released.
Additional Resources
Process to Promote Family Unity and Stability
What is the Affirmative Relief Notice?
FACT SHEET: President Biden Announces New Actions to Keep Families Together
Fact Sheet: DHS Announces New Process to Promote the Unity and Stability of Families | Homeland Security
If you have any questions or need legal advice, please feel free to contact us at 202-709-6439. We are here to help you navigate these changes and ensure that your rights and those of your family are protected.
