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Are You A Noncitizen Married to a Citizen New Immigration Program Prioritizes Family Unity and Lawful Pathways

Are You A Noncitizen Married to a Citizen? New Immigration Program Prioritizes Family Unity and Lawful Pathways

Under current law, noncitizens married to U.S. citizens can apply for lawful permanent residence. However, many must leave the U.S. and wait abroad for processing, leading to long and uncertain separations from their families. This situation causes significant hardship and fear for these families, leaving them uncertain about their future.

Since taking office, President Biden has emphasized the need for Congress to secure the border and fix the immigration system. Despite Congressional resistance, the administration has implemented various measures, including:

  • Barring unlawful border crossers from asylum during high encounter periods.
  • Deploying record law enforcement and technology to the Southern border.
  • Seizing unprecedented amounts of fentanyl at entry ports.
  • Revoking visas of foreign CEOs and officials profiting from illegal immigration.
  • Expanding efforts to dismantle human smuggling networks and prosecuting immigration law violators.

Prioritizing Family Unity and Lawful Pathways for Noncitizens Married to Citizens

President Biden believes in keeping families together and expanding lawful immigration pathways. His administration has defended DACA, extended Affordable Care Act coverage to DACA recipients and launched new family reunification programs.

The Department of Homeland Security (DHS) announced on June 17, 2024, a new process to promote family unity and stability for noncitizen spouses of U.S. citizens. This initiative aligns with the Biden-Harris Administration’s commitment to keeping families together and addresses the issue of prolonged separations that noncitizen spouses often face.

Key Points of the Family Unity Initiative:

  • Eligibility Criteria: To qualify for this process, individuals must:
    • Be married to a U.S. citizen by June 17, 2024.
    • Have lived in the U.S. continuously for at least 10 years by June 17, 2024.
    • Not pose a threat to public safety or national security.
    • Merit a favorable exercise of discretion.
  • Process: Eligible noncitizens may be able to apply for lawful permanent residence without having to leave the U.S., thus avoiding long separations from their families.
    • This is handled on a case-by-case basis by U.S. Citizenship and Immigration Services (USCIS).
  • Application:
    • Individuals must file a form with USCIS, provide supporting documentation and pay a fee.
    • All requests will be evaluated considering the applicant’s immigration and criminal history, background checks, and other relevant information.
    • No applications will be accepted until later this summer when USCIS announces the official application period. Do not file before then!! 
  • Children of Applicants: Noncitizen children of eligible spouses can also be considered if they meet specific criteria.

This process is expected to benefit approximately 500,000 noncitizen spouses and their 50,000 children.

Additionally, DHS will work with the Department of State to facilitate employment-based nonimmigrant visas for eligible individuals, including DACA recipients and undocumented graduates of U.S. institutions, enhancing opportunities for U.S. employers.

So long as the person is married to a United States citizen before June 17, 2024, and has lived in the United States for 10 years, they can pursue a Parole in Place path on a case-by-case basis.

We Keep The American Dream Alive By Helping Immigrants To Come And Remain In The United States.

Are You A Noncitizen Married to a Citizen?
Do You Want to Apply for Parole in Place?

Are you a noncitizen married to a U.S. citizen and have lived in the United States for at least 10 years? You may be eligible for Parole in Place, allowing you to apply for lawful permanent residence without leaving the United States. This process can help keep your family together and provide you with work authorization while your application is processed.

Don’t wait—take the first step toward securing your future and keeping your family together. You should discuss the benefits and risks of requesting a Parole in Place with a qualified immigration attorney. Contact the immigration lawyers at Godoy Law Office for more information at 630-345-4164.

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