I’m thrilled to share the latest updates on the new immigration law for married couples from the Biden administration. This change aims to help families overcome the hurdles of the current immigration system.
The Department of Homeland Security (DHS) is now looking into requests for parole for certain noncitizen spouses of U.S. citizens living in the U.S. for over a decade. If approved, these individuals can apply for a green card without leaving the country. This helps avoid the problem of families being separated for a long time.
About half a million spouses of U.S. citizens and 50,000 noncitizen kids under 21 could benefit from this law. They must have lived in the U.S. for at least 10 years by June 17, 2024. On average, they’ve been here for 23 years.
This big change in immigration rules will greatly help many families. It gives them a way to get a green card and work legally. I think this shows the Biden administration’s strong support for family unity and helping undocumented immigrants married to U.S. citizens.
Biden Administration’s Commitment to Family Unity
The Biden-Harris administration is dedicated to keeping families together during immigration. They have taken steps to help with this goal. The Department of Homeland Security (DHS) has started a new process for certain noncitizen spouses of U.S. citizens.
DHS Announces Actions to Promote Family Unity
This new process helps solve the problem of long family separations. Many noncitizens must leave the U.S. to apply for permanent residency because of their marriage to a U.S. citizen. The Biden administration’s family reunification efforts aim to ease this for eligible people.
Addressing the Challenge of Prolonged Family Separation
About 500,000 noncitizen spouses of U.S. citizens could use this new process. They can apply for permanent residency without leaving the U.S. These individuals have lived in the U.S. for an average of 23 years. Also, around 50,000 noncitizen children of these spouses will be eligible.
The new family-based immigration and marriage-based green cards procedures help newlywed families. They tackle the issue of prolonged family separation from the old immigration system. As these efforts continue, eligible individuals can hope for better chances to stay with their families during their immigration process.
“The new process aims to address the challenge of prolonged family separation caused by the current immigration system.”
New Parole Process for Noncitizen Spouses of U.S. Citizens
The Biden administration is launching a new program for noncitizen spouses of U.S. citizens. This program will let the Department of Homeland Security (DHS) review cases to help certain noncitizen spouses. If approved, these individuals can apply for a green card without leaving the country.
Starting on August 19, 2024, USCIS will accept applications for this new parole process. The fee for Form I-131F, Application for Parole in Place, is $580. DHS believes around 500,000 noncitizen spouses and 50,000 noncitizen stepchildren of U.S. citizens could qualify.
To qualify, noncitizen spouses must have been in the U.S. since at least June 17, 2014. They must also have a valid marriage to a U.S. citizen by June 17, 2024. Noncitizen stepchildren must have been under 21 and unmarried on that date, with a parent who married a U.S. citizen before turning 18. USCIS will check the evidence to make sure marriages are real and stop fraud.
| Eligibility Criteria | Details |
|---|---|
| Continuous Physical Presence | Noncitizen spouses must have been continuously physically present in the U.S. since at least June 17, 2014. |
| Legally Valid Marriage | Noncitizen spouses must have a legally valid marriage to a U.S. citizen by June 17, 2024. |
| Noncitizen Stepchildren | Noncitizen stepchildren must have been under 21 and unmarried on June 17, 2024, with a noncitizen parent who legally married a U.S. citizen before their 18th birthday. |
This new parole program is a big step for family unity and making it easier for eligible individuals to get permanent residency. DHS will review each case to offer a quicker and kinder solution. This way, those waiting to join their families and start a life in the U.S. can move forward.
Eligibility Criteria for Parole in Place
The Biden administration’s Keeping Families Together initiative offers new chances for noncitizen spouses and stepchildren of U.S. citizens to get parole in place. This program helps prevent family separation and keeps families together. To apply, applicants must meet certain requirements.
Requirements for Noncitizen Spouses
Noncitizen spouses of U.S. citizens need to meet these criteria:
- Be in the U.S. without any official permission or parole
- Have lived in the United States for at least 10 years by June 17, 2024
- Have a valid marriage to a U.S. citizen as of June 17, 2024
Requirements for Noncitizen Stepchildren
Noncitizen stepchildren of U.S. citizens can apply for parole in place if:
- They are under 21 and not married as of June 17, 2024
- They have a qualifying relationship with a U.S. citizen
- They meet other specific criteria
The Keeping Families Together process protects mixed-status families from deportation and separation. It lets them stay together in the U.S. By making parole in place more accessible, the Biden administration is supporting family unity and helping undocumented individuals married to U.S. citizens.
Judiciary Notes offers the latest on immigration law and policy changes. This helps readers stay updated and understand the changing rules.
| Eligibility Criteria | Noncitizen Spouses | Noncitizen Stepchildren |
|---|---|---|
| Continuous Presence in the U.S. | At least 10 years as of June 17, 2024 | No specific requirement |
| Marital Status | Legally valid marriage to a U.S. citizen as of June 17, 2024 | Under 21 and unmarried as of June 17, 2024 |
| Qualifying Relationship | Spouse of a U.S. citizen | Stepchild of a U.S. citizen |
“The Keeping Families Together process aims to shield mixed-status families from the risk of deportation and family separation, allowing them to remain united in the United States.”
New immigration law for married couple
The Biden administration has made a big change in immigration law. It helps noncitizen spouses of U.S. citizens. They can now apply for lawful permanent residence without leaving the U.S. This change shows the administration’s support for family unity and ending long family separations.
This law helps noncitizen spouses who have been married to U.S. citizens for at least 10 years. They must have lived in the U.S. since June 2014. If they meet certain conditions, like passing a background check and proving their marriage is real, they can apply for parole in place. This lets them stay in the U.S. while they go through the green card process.
Before, non-citizen spouses faced big hurdles. They often had to leave the U.S., which could make it hard to come back for 10 years. The new immigration law for married couples makes it easier for families to stay together.
“The Department of Homeland Security aims to consider requests for parole individually based on the new policy, with the goal of promoting family unity and addressing the challenge of prolonged family separation.”
This new immigration law for newlyweds will help a lot of people. About half a million unauthorized immigrants married to Americans could use the Parole in Place program. This change gives hope to these families and is a big step towards fixing the family-based immigration system. It also makes the U.S. more welcoming for marriage-based green cards.
As we learn more about this spousal visa requirements program, it’s important for eligible individuals and couples to get advice. They should talk to immigration lawyers or representatives approved by the U.S. Department of Justice. This way, many families can look forward to a future where they can live together in the U.S.
Application Process for Parole in Place
The new parole in place program by the Biden administration helps noncitizen spouses and stepchildren of U.S. citizens. To apply, you must file Form I-131F and provide certain documents.
Filing Form I-131F
Start by filling out Form I-131F, which is for parole in place for certain noncitizen spouses and stepchildren of U.S. citizens. You can find this form on the U.S. Citizenship and Immigration Services (USCIS) website. Make sure to fill it out carefully and completely.
Documentation and Evidence Requirements
You also need to provide documents to show you’re eligible for parole in place. These include proof of a valid marriage to a U.S. citizen, showing you’ve been in the U.S. for at least 10 years, and documents that prove you don’t have a criminal history or pose a threat to anyone.
USCIS expects about 500,000 spouses of U.S. citizens and 50,000 noncitizen children under 21 to benefit from this program. The application for Parole in Place for undocumented spouses of U.S. citizens starts on August 19, 2024. This will let eligible people work in the U.S. for up to three years.
| Eligibility Criteria | Documentation Required |
|---|---|
| Noncitizen Spouse of U.S. Citizen |
|
| Noncitizen Stepchild of U.S. Citizen |
|
By applying for parole in place and providing the needed documents, eligible noncitizen spouses and stepchildren of U.S. citizens can move closer to family unity and stability in the U.S.
Biometrics and Background Checks
Applicants for parole in place must give biometrics like fingerprints and photos. They also need to sign. These are used for background checks to check who they are. The United States Citizenship and Immigration Services (USCIS) uses strong methods to find fraud and keep the program honest.
USCIS uses biometrics to make sure applicants are who they say they are. They check backgrounds deeply. This is to make sure the noncitizen spouse or stepchild of a U.S. citizen is safe for the country.
Any felony, including DUI, stops an applicant from getting into the parole in place program. USCIS checks for any issues that could question the marriage or the applicant’s stay in the U.S.
Noncitizen spouses must have been in the U.S. since June 17, 2014. Noncitizen stepchildren must have been under 21 and not married by June 17, 2024.
| Requirement | Details |
|---|---|
| Biometrics | Fingerprints, photographs, and signature |
| Background Checks | Verification of identity, national security, and public safety |
| Disqualifying Factors | Felony convictions, including DUI offenses |
| Continuous Physical Presence |
|
USCIS works hard to keep the parole in place program honest. They check biometrics and backgrounds closely. This is to make sure applicants are eligible and safe for the U.S.
Case-by-Case Discretionary Consideration
The new immigration law helps married couples stay together and gives a chance for noncitizen spouses to get legal status. But, it’s not a simple process. The United States Citizenship and Immigration Services (USCIS) will look at each case carefully to decide if they should let applicants in.
Factors for Favorable Exercise of Discretion
USCIS looks at many things when deciding on discretionary consideration for parole in place. They check the applicant’s past with immigration, criminal history, and the results of background checks. For a good chance at a parole in place decision, applicants must not have any criminal history that would stop them. They must not be a threat to national security or public safety.
- Previous immigration history
- Criminal history
- Results of background checks
- Threat to national security or public safety
This process makes sure parole in place is given to those who are safe for the community. USCIS looks at each case closely. They want to keep families together while keeping everyone safe.
“The new parole in place process is a crucial step in promoting family unity and providing a pathway to legal status for noncitizen spouses of U.S. citizens. However, it’s important to ensure that the program is implemented thoughtfully and responsibly, considering each applicant’s unique circumstances.”
Impact on Employment and Benefits
If granted parole in place, individuals can apply for an Employment Authorization Document (EAD) by filling out Form I-765. This lets them work legally in the U.S. and support their families. They can also apply for a Social Security number, which is key for getting a job and accessing government benefits.
Applying for Employment Authorization
The parole in place program helps immigrants married to U.S. citizens a lot. By using Form I-765, they can get an Employment Authorization Document (EAD). This gives them the right to work legally in the country. It helps them support their families and become more independent.
Obtaining a Social Security Number
With parole in place, people can also apply for a Social Security number. This important ID is needed for things like filing taxes and getting healthcare. Getting a Social Security number lets these immigrants fully join in with the U.S. economy and society. It helps them succeed and integrate into their new home.