On August 23, sixteen state Attorneys General sued the Biden administration in the Eastern District of Texas, seeking a preliminary injunction to prevent the implementation of a program providing relief to undocumented spouses and stepchildren of U.S. Citizens that took effect on August 19, 2024.
First announced by President Biden on June 18, 2024, the Keeping Families Together (Parole in Place for Noncitizen Spouses and Children) program is expected to shield as many as 500,000 undocumented spouses and 50,000 undocumented stepchildren of U.S. citizens from deportation and to give them an opportunity to apply for lawful permanent residence without leaving the United States.
To be considered for this discretionary “Parole in Place” program, a noncitizen spouse must meet the following criteria:
- Physical presence in the United States without admission or parole;
- Continuous physical presence in the United States from at least June 17, 2014 through the date of filing;
- Legally valid marriage to a U.S. citizen as of June 17, 2024;
- No disqualifying criminal history;
- Submit biometrics, undergo required background checks and national security and public safety vetting, and are found not to pose a threat to national security or public safety; and
- Otherwise merit a favorable exercise of discretion.
To be considered for this discretionary “Parole in Place” program, a noncitizen stepchildren must meet the following criteria:
- Physical presence in the United States without admission or parole;
- Have a parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024 and before the child’s 18th birthday;
- Continuous physical presence in the United States from at least June 17, 2024 through the date of filing;
- No disqualifying criminal history; and
- Submit biometrics, undergo required background checks and national security and public safety vetting, and are found not to pose a threat to national security or public safety; and
- Otherwise merit a favorable exercise of discretion.
Positive factors for the favorable exercise of discretion include, but are not limited to:
- Community ties;
- Advanced or young age;
- Length of presence in the United States;
- Status as a parent or caregiver of a U.S. citizen child or elderly parent or in-law;
- Status as a caregiver for an individual with disabilities, including U.S. citizen in-laws or siblings;
- Physical or mental condition requiring care or treatment in the United States;
- Status as a victim of or witness to a crime or civil rights violation, or labor rights violation under investigation by a labor agency;
- Impact of denial on other family members, including family members who are U.S. citizens and LPRs; and
- Status, or that of their U.S. citizen spouse or stepparent, as a current or former member of the U.S. military.
Following approval, the applicant will be shielded from deportation for three years and may then apply for work authorization and, if they are otherwise eligible, for permanent residence based on their immediate-family relationship to a U.S. citizen.
Along with this program, on June 18, 2024, President Biden announced that the State Department would begin working to improve the process by which DACA beneficiaries and other people who were brought to the United States as children could receive employment-based nonimmigrant visas like the H-1B. This includes recent edits to the State Department’s Foreign Affairs Manual emphasizing that it is a matter of “public interest” to allow visa applicants to reenter the country, despite previous periods out of status, if they have a degree from an accredited institution of higher education and a job offer from a U.S. employer in a field related to their degree. We refer readers with further questions to our previous bulletin.
We will continue to monitor the court challenge to Keeping Families Together, as well as the State Department’s ongoing efforts to streamline visa applications for DACA beneficiaries and will inform you as matters develop.
Please contact a member of the Dentons Cohen & Grigsby Immigration Department at 412.297.4900 if you have any questions regarding the above.
