Yekrangi & Associates is delighted to share some groundbreaking news that will greatly benefit many of our clients and their families. President Joe Biden has introduced a pivotal new policy offering deportation protection and work permits to spouses of U.S. citizens. This significant initiative highlights the administration’s dedication to family unity and support for immigrants who have longstanding ties to the United States.
Prior to the New Policy
Before the announcement of the new policy, spouses of US citizens who entered the United States without inspection (no visa) were required to go through a lengthy waiver process known as an I-601A waiver. After the waiver is approved, the spouse would need to depart the US and obtain their green card at an overseas embassy. The new policy aims to avoid family separation and the need for the lengthy waiver process.
Overview of the New Policy
Announced at a White House event celebrating the Obama-era "Dreamers" directive, which safeguards young undocumented immigrants from deportation, this new policy extends similar protections to approximately 500,000 spouses of U.S. citizens who have lived in the country for at least 10 years. The details of the policy are announced here, but we expect more details to come soon.
Benefits of the New Policy
- Deportation Protection: Eligible spouses will be granted "parole in place," providing them with protection from deportation. Parole in place allows the person to have a lawful admission into the United States and obtain work authorization.
- Work Permits: Qualified individuals can apply for work permits, allowing them to work legally in the U.S. while they wait for their green cards. Although all details are not available yet, we believe that individuals will be able to have work authorization for three years until they can apply for adjustment of status.
- Pathway to Permanent Residency: The policy clears legal obstacles, enabling these individuals to apply for permanent residency and eventually U.S. citizenship. Please note that the person must be “otherwise eligible for adjustment of status” which means that all the grounds of admissibility apply, such as no permanent bars, no prior removal orders and no disqualifying criminal convictions.
Eligibility Requirements
To qualify for this new program, individuals must meet the following criteria:
- Presence in the U.S.: Must be present in the United States without legal admission or parole.
- Continuous Residence: Must have lived continuously in the United States for at least 10 years as of June 17, 2024.
- Valid Marriage: Must be legally married to a U.S. citizen as of June 17, 2024.
- Clean Criminal Record: Must have no disqualifying criminal history and not pose a threat to national security or public safety.
- Favorable Discretion: Must be deemed a favorable candidate for the program.
Additionally, noncitizen children of potential applicants may also qualify for parole if they are present in the U.S. without legal admission or parole and have a qualifying stepchild relationship to a U.S. citizen as of June 17, 2024.
Application Steps
To be considered for this program, individuals need to:
- Submit a form to USCIS.
- Provide documentation proving eligibility.
- Pay the required fee.
Further details about the application process and additional eligibility requirements will be published soon in the Federal Register. Please note that applications submitted before the official start date will not be accepted.
As information continues to develop, we’re here to guide you, support you, and ensure you are aware of all your options. The team at Yekrangi & Associates is eager to support you and your loved ones as you begin your path towards permanent residency.