President Biden Creates New Process for Undocumented Spouses of U.S. Citizens to Secure Work Authorization and Lawful Residency

Affirmative Relief Announcement: President Biden's New Program

President Joe Biden has introduced a new initiative aimed at providing work authorization and legal permanent resident (LPR) status to certain noncitizen spouses and children of U.S. citizens. Additionally, the program will offer eligible Deferred Action for Childhood Arrivals (DACA) recipients and other Dreamers a pathway to obtain work visas. This program will allow up to 550,000 people to receive temporary protections and work permits in the United States. They can also apply for LPR status (green cards) through their spouses without facing years of separation from their families. The program is expected to begin by the end of the summer, following the publication of a Federal Register notice detailing the application process and other relevant information. It is not yet accepting applications. Applications submitted before the official start date will be rejected.

Current Challenges and New Solutions

Presently, undocumented individuals married to U.S. citizens can apply for LPR status through marriage. However, many noncitizens must leave the U.S. to be processed abroad, often resulting in prolonged or indefinite separation from their families. The new actions aim to assist certain undocumented individuals in the United States and employers needing to hire qualified individuals for specialized occupations.

Eligibility for Parole in Place

DHS will assess requests individually, focusing on the following criteria for eligibility:

1. Spouses and Children of U.S. Citizens:

• Must have been living in the United States for at least 10 years as of June 17, 2024.
• Must have entered the United States without permission.
• Must not have left the United States during this period.
• Must be legally married to a U.S. citizen or have a qualifying stepchild relationship with a U.S. citizen.
• Must have a clean criminal record and pose no threat to national security or public safety.

If these criteria are met, parole-in-place may be granted for three years, along with potential employment authorization for the same duration. Within these three years, individuals can apply for their green cards.

2. DACA Recipients and Dreamers:

• Must hold a degree from an accredited U.S. institution of higher education.
• Must have a job offer from a U.S. employer in a field related to their degree.

3. Noncitizen Children of Undocumented Spouses:

• • Must be physically present in the U.S. without admission or parole.
  • Must have a qualifying stepchild relationship with a U.S. citizen as of June 17, 2024.

Limitations and Application Process

The Affirmative Relief Parole in Place program has not yet started. Detailed application procedures will be released by the end of the summer in a Federal Register notice. Individuals must apply through U.S. Citizenship and Immigration Services (USCIS), pay a fee, and provide evidence of eligibility. Applications submitted before the official start date will be rejected.

Upon receiving a properly filed request, USCIS will evaluate each case individually, considering immigration and criminal history, background checks, national security, and public safety concerns. The program's implementation could face legal challenges, highlighting the importance of consulting a knowledgeable attorney.

Ineligibility Criteria

Undocumented immigrants deemed a threat to national security or public safety will not be eligible for this process, per the U.S. Department of Homeland Security (DHS).

Impact on Employers

Parole in Place will enable certain noncitizen spouses and children to obtain employment authorization, expanding the labor pool for U.S. employers. Industries such as agribusiness, education, hospitality, construction, and healthcare will benefit from this influx of eligible workers. Parole in Place beneficiaries will need to complete traditional onboarding processes, including the Form I-9 Employment Eligibility Verification.

Benefits for Dreamers

The DACA program was created to allow young individuals brought to the United States as children to participate lawfully in the American economy. Parole in Place will streamline the process for DACA recipients and other Dreamers with U.S. degrees and job offers to obtain work visas. DHS and the U.S. Department of State aim to enhance the efficiency of employment-based nonimmigrant visas, ensuring that U.S. employers can quickly hire the talent they need.

Please contact Brandon Davis, Laura Buck or any member of the Phelps Immigration team if you have questions or need advice or guidance.