We recently learned about President Biden’s executive order to keep families together. Although all the details have not yet been announced, it is known that USCIS will process these applications on a case-by-case basis and when approved, the immigrant will have a period of 3 years to apply for permanent residency and will be able to have a work permit.

What does the executive order say?

President Biden has tasked the Department of Homeland Security (DHS) with implementing 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 residence 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, noncitizens must have resided in the United States for at least 10 years since 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 noncitizen children under the age of 21.

Changes to DACA

The announcement also brings good news for DACA recipients and other Dreamers. Individuals who have earned a degree from an accredited institution of higher education in the U.S. and who have received an offer of employment 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:

• Be 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.
• Be legally married to a U.S. citizen since June 17, 2024.
• Not have a disqualifying criminal record or constitute a threat to national or public security.

In addition, non-citizen children of spouses who are granted parole may also be considered if they meet certain requirements.

What We Don’t Know

There are still several pending details about this program:

• The long-term stability of the program.
• Filing fees.
• The dates of submission.
• How criminal convictions will affect
• The handling of removal proceedings.

How is Eagan preparing?

At Eagan, we are assessing the eligibility of our existing customers and preparing new services to accommodate this measure. We are committed to providing 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 unifying and stable families in the United States. Although there are still many details to be worked out, we are working diligently to prepare and offer the best advice to our clients. Stay tuned for more updates as more official details are released.

Additional resources:

Process to Promote Family Unity and Stability

What is the Affirmative Relief Announcement?

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’re here to help you navigate these changes and ensure that you and your family’s rights are protected.