New Law allowing Spouses of US Citizens Present in the US for Over 10 Years to apply for a Green Card under the Biden Administration
Key Points from DHS Announcement
On June 18, DHS revealed a new initiative to evaluate, on a case-by-case basis, applications from certain noncitizens who:
Have resided in the United States for a minimum of 10 years.
Are married to a US Citizen and the marriage took place before June 17, 2024.
Do not present a risk to public safety or national security.
Qualify for adjustment of status.
Demonstrate a compelling reason for favorable discretion.
Eligible individuals can apply for lawful permanent residence without departing from the United States. This is a massive departure from the 601 waiver that is usually necessary when the noncitizen spouse entered the US without inspection.
Estimated Impact
DHS estimates that around 500,000 noncitizen spouses of U.S. citizens may qualify for this new process, with an average residency duration of 23 years. Additionally, approximately 50,000 children of these spouses could also benefit from this program.
Security and Eligibility Requirements
Individuals who pose a risk to national security or public safety will not qualify for this process. DHS will take appropriate action, including detention or referral to other federal agencies, if a threat is identified.
Criteria for Consideration
To be considered for this new process, applicants must:
Be physically present in the U.S. without legal admission or parole.
Have maintained continuous presence in the U.S. for at least 10 years as of June 17, 2024.
Be legally married to a U.S. citizen as of June 17, 2024.
Have no disqualifying criminal history and not pose a security threat.
Merit a favorable exercise of discretion.
Noncitizen children of eligible applicants may also be considered for parole if they are in the U.S. without admission or parole and have a qualifying stepchild relationship with a U.S. citizen as of June 17, 2024.
Application Process
Once a properly filed parole-in-place request is received, USCIS will review the application on a case-by-case basis. This review will include:
Examining the applicant's previous immigration history.
Conducting criminal and background checks.
Assessing national security and public safety risks.
Reviewing any other relevant information.
USCIS will apply stringent fraud detection measures to uphold the program's integrity.
Upcoming Steps
A Federal Register notice will be published soon, outlining the detailed steps and requirements for this program. Prospective applicants must file a form with USCIS, provide supporting documentation, and pay a fee. Applications submitted before the official start date later this summer will be rejected.
Stay tuned for further updates on eligibility and the application process once the Federal Register notice is released.
Case Study: The Ramirez Family
Background
Carlos Ramirez has been living in the United States for 12 years. He entered without inspection and has been married to Sarah, a U.S. citizen, for 10 years. Together, they have a daughter, Isabella, who is also a U.S. citizen.
Eligibility
Carlos fits the criteria for the new DHS program:
He has resided in the U.S. for more than 10 years.
He has no criminal history and poses no threat to national security or public safety.
He is eligible for adjustment of status and merits favorable discretion.
Application Process
Carlos and Sarah are gathering all necessary documents, including proof of their marriage, Carlos’s continuous residency, and background checks. They plan to submit a parole-in-place request as soon as the Federal Register notice is published and the application period begins.
Impact on the Family:
If Carlos’s application is approved, he can apply for lawful permanent residence without leaving the United States, ensuring that he remains with his family. Their daughter, Isabella, will benefit from the stability and security of having both parents legally residing in the country.
Conclusion
This new DHS initiative provides a vital opportunity for families like the Ramirez family to stay together and secure legal residency. It highlights the importance of maintaining family unity and supporting individuals who have contributed to their communities over many years.
WARNING: No forms have been released yet so do not be taken advantage of by signing up with the people who are not licensed to practice law that are already lining up to take your money. No action can be taken yet as the forms have not been identified or published.
Should you or your loved one have any questions or need representation, please do not hesitate to call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation. We have represented many clients with successful results even with the most difficult set of facts.