Biden's New Immigration Reform: Enhancing Family Petition Policies

President Biden's recent immigration reform announcement on June 17, 2024, introduces significant changes aimed at strengthening family reunification processes in the United States. This reform marks a pivotal moment in addressing long standing challenges faced by families separated due to immigration policies.

Under the current law, a noncitizen who is married to a U.S. citizen and who entered the United States without authorization have to apply for a waiver (I-601A Application for Provisional Unlawful Presence Waiver) before departing the United States to be processed abroad. The current processing time for this waiver is more than 4 years. Once the waiver is approved, the noncitizen then has to return to their home country for an interview and visa processing. Although we've had many clients successfully obtain their legal permanent residency status, or green card, this way, it is an extremely long process, causing a lot of hardship, uncertainty, and fear about their future.

In response, President Biden and the Department of Homeland Security (DHS), has announced that they will establish a new procedure to consider, on a case-by-case basis, requests for noncitizens who have lived in the United States for 10 years or more, to apply for a parole document which would allow for them to obtain their legal permanent residency here in the U.S.

It is important to note that we are still waiting on more information about this process. But what we do know is that in order for someone to be considered on a case-by-case basis for this process, an individual must:

Be present in the US without a lawful admission or entry
Have been in the United States for at least 10 years
Have been married to a US citizen as of June 17, 2024
And the marriage must be valid (for the reason of love and not immigration purposes)
The individual must otherwise be eligible for status, such as no significant criminal history or multiple entries.

Further information about eligibility and the application process will be published in the near future. USCIS will reject any filings or individual requests received before the date when the application period begins later this summer.

Wheeler Law is available to answer any other questions you may have, and/or help you take the next steps to your, or your loved ones, future. At Wheeler Law, we find creative solutions to break down the barriers holding you, or a loved one, back from obtaining legal status in the United States. Call us now to schedule a consultation: (602) 586-5625.

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