NEW UPDATE:
USCIS will begin accepting applications for this new process on August 19, 2024. We will provide more details as it becomes available.
On June 18, 2024, President Biden announced a series of immigration actions using the authority granted to him by existing immigration laws. These actions will help certain undocumented individuals in the United States, including U.S. citizens’ noncitizen spouses and children. The new measures introduce a streamlined process allowing eligible noncitizen family members to apply for lawful permanent residence (green card) without needing to leave the country. These steps aim to promote family unity, reduce bureaucratic hurdles, and provide significant economic and social benefits, reinforcing the administration’s commitment to the well-being of American families and the nation’s prosperity.
This new program is particularly beneficial for those who entered the USA without inspection and have been unable to obtain a green card through their US citizen spouse due to the lack of legal admission to the USA. Previously, these individuals were stuck in limbo, attempting to navigate a complex process involving waivers and departing the USA to obtain an immigration visa through the US embassy in their home country. This process was fraught with risk, as leaving the USA after years of undocumented status carried the uncertainty of being allowed to return.
Eligibility Criteria:
- Noncitizens must have resided in the U.S. for at least 10 years as of June 17, 2024.
- You are in the United States after entering without inspection.
- You are legally married to a U.S. citizen (minor children of applicants, who are also the stepchildren of the applicant’s U.S. citizen spouse, will be eligible to apply alongside their parents.)
- You do not have certain criminal history or pose a threat to national security or public safety.
If you meet these criteria, you MAY be granted parole-in-place by the government.
- Parole would be granted for a one-time period of three years, during which you may apply for your green card anytime within this period.
- You may also be eligible for employment authorization (a work permit card) for up to three years.
It’s IMPORTANT to know:
- 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.
- You CANNOT submit an application at this time. An early-filed application WILL BE REJECTED.
- You SHOULD NOT pay anyone a fee associated with filing an application at this time.
- Be patient and invest the time to seek out reliable assistance. Incorrect guidance may jeopardize your ability to remain in the United States, obtain legal status, or become a U.S. citizen.
- DON’T BE FOOLED: Beware of notaries and other consultants who promise quick results or unique solutions to deceive you and take your money. Many dishonest individuals may end up costing you more than licensed attorneys! If you’re uncertain about someone’s qualifications, demand proof of their credentials and keep a copy for your records.
- REMEMBER: This program is susceptible to legal challenges that could affect its rollout. Therefore, it’s crucial to engage a qualified and knowledgeable attorney
What can you do now?
To determine if you qualify for the new green card process, please use our contact form on the booking page and mention “BIDEN’S NEW PROGRAM” in the comments.
While it may seem tempting to fill out immigration forms on your own or use document preparation services, there are several reasons why seeking professional legal advice is essential. Immigration laws change frequently, requiring expert guidance to navigate effectively. Consulting with an experienced immigration attorney ensures your case adheres to current regulations and significantly enhances your chances of success. Let’s explore these reasons in detail.
In episode five of our podcast, “Opening the Door: Opportunities for U.S. Immigration,” we underscore the importance of consulting an immigration attorney. Legal professionals offer invaluable advice, prevent costly errors, and ensure timely and accurate document submission.
