On June 18, 2024, President Biden announced that his administration in conjunction with the Department of Homeland Security (DHS) are establishing two new programs that will provide relief to noncitizen spouses and stepchildren of U.S. Citizens as well as provide a mechanism for Dreamers with a U.S. degree and a job offer to transition to an employment-based nonimmigrant visa status.
Parole in Place for Noncitizen Spouses and Children
This new program for spouses and children may shield approximately 500,000 noncitizen spouses and 50,000 stepchildren of U.S. citizens from deportation as well as provide an opportunity for them to apply for legal permanent residence without leaving the United States. Per the DHS, in order to be considered for this discretionary “Parole in Place” program, the noncitizen spouse must meet the following criteria:
- Be present in the United States without admission or parole;
- Have been continuously present in the United States for at least 10 years as of June 17, 2024;
- Have a legally valid marriage to a U.S. citizen as of June 17, 2024;
- Not have a disqualifying criminal history or otherwise constitute a threat to national security or public safety; and
- Otherwise merit a favorable exercise of discretion.
Noncitizen children may also be eligible for the program if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship to a U.S. citizen parent.
The program will go into effect later this summer once the Federal Register notice describing the application process is issued.
Employment-Based Nonimmigrant Visas for Dreamers
During the 12th anniversary of the Deferred Action of childhood Arrivals (DACA) program, President Biden also announced new measures for DACA recipients and other undocumented immigrants brought to the U.S. as children, known as “Dreamers,” to obtain employment-based nonimmigrant visas. Few details were provided on how the program will be implemented but it will apply to those who have graduated from an accredited institution of higher education in the United States and have a job offer from a U.S. employer in a field related to their degree.
Further details on both programs are forthcoming.
