The new Biden immigration program announced by President Biden will help qualified undocumented spouses and children of US citizens apply for permanent residency (green cards) without leaving the US. There is also a new program for DACA and Dreamers in the US who want to work using their college education.
Advantage of this new Parole-In-Place Program for Families
The first immigration program is a Parole-in Place (PIP) program for families of US citizens. This parole program is different from Military Parole-in-Place which has been available since 2010.
If you get parole as part of this immigration program you may qualify to adjust status (apply for your green card) without leaving the US, if you do not have other legal bars. This means that you would not have to travel abroad to get your green card at a US consulate and risk 10-year separation from your family here. This is a great benefit to undocumented spouses and children of U.S. citizens who have been living in the US for at least 10 years but cannot go abroad to process their green cards.
Who Qualifies for Parole Under the New Biden Program?
A person may qualify to apply for parole-in-place, and later for a green card, without leaving the US, if, as of June 17, 2024:
You have lived in the United States for at least 10 years and have never left;
Are in the US and entered without permission or parole;
You are legally married to a U.S. citizen, or have a qualifying stepchild relationship with a U.S. citizen
Have no disqualifying criminal history
Do not pose a threat to national security or public safety.
Are suitable for a favorable exercise of discretion
If you meet these conditions, the US Citizenship and Immigration Service (USCIS) may grant you parole-in-place for a one-time period of three years.
The USCIS will choose which parole application to approve on a case-by-case basis. This means that they can choose to grant or deny your application. Since it is discretionary, it is important that you prepare your application very carefully. The USCIS will also look at your immigration history and other factors before they approve you for a green card.
Employment Authorization Card (EAD) and Green Card Benefits
With a parole approval, you may also qualify for an employment authorization card (EAD) or work permit for up to three years.
In addition, you may apply for your green card within three years of parole approval.
Immigration Program for DACA holders and Dreamers
The Biden Administration also announced a second immigration program on June 18, 2024. This is a streamlined process for DACA recipients and Dreamers who qualify for nonimmigrant visas like H-1B and O visas.
DACA recipients and Dreamers may be eligible to apply for a temporary work visa more easily, if:
- You have a degree from an accredited U.S. institution of higher education; and
- You have an offer of employment from a U.S. employer in a field that is related to your degree.
Can I Apply Now?
These new Biden immigration programs have not started yet. The USCIS will release details about the forms, filing fees, etc., after they publish this program in the Federal Register for 60 days. The expected date is late August 2024.
This means you cannot apply at this time. The USCIS says that they will reject early applications.
Things You Can Do Now
- Currently, it is important that you look for an experienced immigration lawyer to help you. Please avoid “notarios” and other immigration consultants. You do not want to lose your opportunity to get lawful status and become a US citizen.
- Gather documents to show you have been physically present for 10 years
- Obtain evidence that you meet the other green card requirements
- Ask your immigration attorney to review your immigration history and background to reduce any risks in applying.
Can A Lawsuit Block These Programs?
Yes, we anticipate that some organizations or states will file lawsuits to try to stop these new Biden immigration programs. If you currently have an immigration application pending, please do not abandon it at this time. In 2014, a lawsuit blocked President Obama’s (DAPA) Deferred Action for Parental Accountability Program before anyone could get legal status.
Speak To Your Immigration Attorney
To improve your chances for the Biden immigration program, speak to your immigration lawyer about your immigration history and background. This way you can fix potential problems in your case and reduce the chances of denial.
Finally, seek legal advice if you have made a false claim to US citizenship, voted in elections, have criminal convictions, drug related arrests, or immigration violations. In such cases, it is imperative to seek help from an experienced immigration attorney.
We Are Here to Help You
If you want to apply for your parole immigration program applications and secure your future in the US, please contact us at Law Offices of Doreen A Emenike at (626) 256-8500. You may also click the “Book Appointment” button our website www.emenikelaw.com
Thank you for reading this article.
Related Reading: A Green Card Interview at USCIS & Interview Updates
Read more: Green Cards
Read more: Military families
Related reading: How to respond to a USCIS Request For Evidence (RFE)
