Change Expected to Protect 500,000 Spouses of U.S. Citizens
President Joe Biden announced this week that an upcoming executive order will make changes to expand existing policy to protect over half a million undocumented immigrants in the United States who are spouses or children of U.S. citizens. The expected policy changes also will affect Deferred Action for Childhood Arrivals (DACA) recipients.
What Is an Executive Order?
In layman’s terms, it is a special instruction or rule that the president gives to the government that tells government agencies what to do or how to do something. It will go into effect immediately once signed, unlike laws that must be passed by Congress. Congress can take a long time to pass a law, and many bills don’t pass into law at all. Executive orders can be overturned by courts if they are unconstitutional or not within the president’s power.
Expansion of the Parole-in-Place Program
The new executive order will allow certain undocumented individuals married to U.S. citizens to apply for parole in place. The parole-in-place program temporarily allows non-citizen foreign nationals to enter or remain in the United States if they are seeking admission to the U.S. but don’t have a legal basis for being in the country. The program holds a promise for those seeking a path to legal status, especially since the last amnesty passed on immigration was in 2000. The program is not accepting applications at this time, nor have details been released on the required form or fees.
Who Will Qualify for Protection Under the New Immigration Policy?
The expanded parole-in-place program will be beneficial to undocumented individuals who entered the United States “without inspection” (e.g., illegally); the parole will count as being inspected and paroled into the United States. It will allow undocumented individuals to have a work permit and authorized status to remain in the United States. Then, eventually, if they meet all the requirements, they will be able to apply for their green card inside the United States without having to leave the country. The last update we received is from June 18, 2024, which outlined the requirements for the parole program. These requirements have not been finalized and are subject to change.
The expanded policy makes persons eligible for parole if they meet the following criteria:
- Have continuously resided in the United States since June 17, 2014;
- Were physically present in the United States on June 17, 2024;
- Have been legally married to a U.S. citizen as of June 17, 2024;
- Entered the United States without admission or parole and do not currently hold any lawful immigrant or nonimmigrant status;
- Have not been convicted of any disqualifying criminal offense;
- Do not pose a threat to national security or public safety; and
- Merit a favorable exercise of discretion.
According to the Biden administration, most of those who would qualify under the new policy have lived in the country for more than 20 years.
The expansion to the parole program does not apply to individuals who have a permanent bar, meaning individuals who are barred from adjusting their status to green card holder because they were either (1) previously deported and then reentered the country without inspection or (2) were previously in the United States for more than one year unlawfully, and then left either on their own or due to removal from the government, and then re-entered again without inspection. There is speculation that a work permit may still be offered to these individuals on a case-by-case basis.
Persons who are approved for parole-in-place under the new policy must apply for lawful permanent residency status within three years of the grant of parole. While the application for permanent residence is pending, qualified immigrants will be eligible for work authorization. Those approved for the parole-in-place program will also be given an I-94 travel record, which can allow them to adjust their status to receive a marriage-based green card. Administration officials say the process will look very much like the existing military parole-in-place program, with shorter processing times and immediate eligibility to file an I-485 application for a green card.
New Path to a Green Card for Some DACA Recipients
The administration’s second announcement relates to DACA recipients. Those who have graduated from an accredited university, and who have an offer from a U.S. employer for a highly-skilled job, will quickly qualify for one of the existing temporary visas such as H1-B. Certain employment visas have a pathway to obtain a green card. More information will be released in the following weeks and will be published in the Federal Register.
Program Expected to Face Legal Scrutiny
It may be difficult for Biden’s executive order to go into effect without being challenged, as the House of Representatives is currently controlled by Republicans who oppose any expansion of immigration. In the meantime, we recommend individuals married to U.S. citizens speak to an immigration attorney to see if they qualify and start collecting documents to be prepared when the executive order goes into effect.
Contact the Knowledgeable Immigration Attorneys at Bailey & Galyen
At the law offices of Bailey & Galyen, we have protected the rights of people across Texas for more than four decades, including clients who have questions or concerns about immigration. We have a comprehensive knowledge and understanding of the laws and processes governing family-based visas, green cards, lawful permanent residency, and related matters. Contact us by e-mail or call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
