Immigration
United States | Biden Administration announces relief for some undocumented spouses and children of U.S. citizens and Dreamers
Summary
The White House and Department of Homeland Security (DHS) announced new programs aimed at easing the pathway to permanent residence for certain undocumented spouses and children of US citizens and ease the process for some DACA recipients and “Dreamers” to obtain employment-based nonimmigrant status, such as H-1B, with a U.S. college degree and qualified job offer. The details of these programs are expected in an upcoming Federal Register notice.
The detail
Relief for undocumented spouses and children of U.S. citizens
The government has announced a parole in place program allowing for certain undocumented spouses and children of U.S. citizens to apply for a green card while remaining in the U.S. through the adjustment of status process.
Individuals may be eligible to apply for a green card without leaving the United States, if, as of June 17, 2024:
● They were in the United States after entering without permission;
● They have lived in the United States for at least 10 years and have never left;
● They are legally married to a U.S. citizen or have a qualifying stepchild relationship with a U.S. citizen; and,
● Meet criminal background and threat to national security or public safety requirements.
Those who qualify will be granted a three-year period to apply for their green card and may be eligible for employment authorization and protected from removal during the process. Recipients from the Deferred Action for Childhood Arrivals (DACA) program may also be eligible to benefit from this new pathway.
It is expected that the program will begin accepting applications later this summer, upon further guidance from the Department of Homeland Security.
Relief for Dreamers with U.S. degrees
The Biden Administration also announced a relief program for some DACA recipients and Dreamers easing the path to obtain an employment-based, nonimmigrant visa status, including H-1B visas.
Individuals may be eligible to apply if:
● They have a degree from an accredited U.S. institution of higher education; and,
● They have an offer of employment from a U.S. employer in a field related to the degree.
Specific details on this program have not been released, but are expected soon from the Department of Homeland Security.
Impact
At this time, specific details on both of these programs are unavailable. It is expected that there will be continued announcements from the Department of Homeland Security and information in the Federal Register in the coming weeks. Vialto Partners is closely monitoring these program updates and will provide additional information on any potential impact for employers and affected employees as they become available.
Contact us
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Manish Daftari
Partner
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