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  • Writer's picturerottierlawoffice

How Will President Biden's Immigration Actions Impact Undocumented people in the US?

Updated: Jul 11

On June 18, 2024 President Biden announced several immigration actions using the authority granted to him by our existing immigration laws to promote family unity in the current immigration system. These actions will help certain undocumented persons in currently in the united States.

 

Spouses and children of U.S. citizens may be eligible if


  • They have been living in the USA for 10 years as of June 17, 2024.

  • They are in the USA after entering without permission.

  • They are legally married to a US citizen or have a qualifying stepchild relationship with a US as of June 17, 2024.

  • They do not have certain criminal history or pose a threat to national security or public safety.

    

If an individual meets these criteria the US government MAY grant them parole in place. This would be granted for a one-time period of 3 years, and they may also be eligible for employment authorization for up to 3 years.

If an individual is granted parole in place, they may apply for permanent residency within the 3 years of approval.

 

Under current law, individuals who entered the USA undocumented and are married to a U.S. citizen may apply for permanent residency through their marriage to a U.S. citizen. However, in order to apply for permanent residency, many must first leave the United States and wait to be processed abroad. This often results in a prolonged, potentially indefinite, period of separation from their U.S. citizen family members and causing tremendous hardship to all concerned.

 

Also included in these actions are college educated DACA recipients and Dreamers who are qualified for nonimmigrant visa may be eligible to apply for temporary visa more easily if


  • They have a degree from an accredited US institution of higher education and

  • They have an offer of employment from a US employer in a field related to their degree.

 

Please note that these programs have NOT YET begun. Details on how to apply are expected to be released by the end of the summer through a Federal Register notice.

This means:


•  An individual  CANNOT submit an application at this time.

•  An early-filed application WILL BE REJECTED.

 

This program could also be legally challenged, which could impact its implementation.

 

 

 

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