Immigration News Briefs
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President Biden Offers Hope to Undocumented Spouses of U.S. Citizens
On June 18, DHS provided the following information:
DHS will establish a new process to consider, on a case-by-case basis, requests for certain noncitizen spouses of U.S. citizens:
- who have lived in the United States for 10 years or more.
- do not pose a threat to public safety or national security.
- are otherwise eligible to apply for adjustment of status.
- and merit a favorable exercise of discretion.
If eligible, these noncitizens will be able to apply for lawful permanent residence without leaving the United States.
DHS estimates that approximately 500,000 noncitizen spouses of U.S. citizens could be eligible to access this process. Approximately 50,000 children of these spouses also will be eligible for this process.
Eligibility and Process
To be considered on a case-by-case basis for this process, an individual must:
- Be present in the United States without admission or parole;
- Have been continuously present in the United States for at least 10 years as of June 17, 2024; and
- Have a legally valid marriage to a U.S. citizen as of June 17, 2024.
In addition, individuals must have no disqualifying criminal history or otherwise constitute a threat to national security or public safety and should otherwise merit a favorable exercise of discretion. Noncitizen children of potential requestors may also be considered for parole under this process if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship with a U.S. citizen as of June 17, 2024.
Upon receipt of a properly filed parole-in-place request, USCIS will determine on a case-by-case basis whether a grant of parole is warranted and whether the applicant merits a favorable exercise of discretion. All requests will take into consideration the potential requestor’s previous immigration history, criminal history, the results of background checks and national security and public safety vetting, and any other relevant information available to or requested by USCIS.
A Federal Register notice will be published that outlines the specific steps to be considered under this program. To be considered, an individual must file a form with USCIS along with supporting documentation to show they meet the requirements and pay a fee. This program is expected to launch by the end of the summer. Applications submitted prior to the start date listed in the Federal Register notice will be rejected.
Under current law, noncitizens married to a U.S. citizen may apply for lawful permanent residence through their marriage to a U.S. citizen. However, to apply for lawful permanent residence, many noncitizens must first depart the United States and wait to be processed abroad, resulting in a prolonged, potentially indefinite, period of separation from their U.S. citizen family members.
In addition, DHS will join the Department of State in an effort to more efficiently facilitate certain employmentbased nonimmigrant visas for eligible individuals, including Deferred Action for Childhood Arrivals (DACA) recipients and undocumented noncitizens who have graduated from an accredited U.S. institution of higher education.
APPLICATION FINAL ACTION DATES FOR JULY 2024
FAMILY |
India |
Pakistan/Bangladesh |
1st |
22Oct15 |
22Oct15 |
2A |
15Nov21 |
15Nov21 |
2B |
01May16 |
01May16 |
3rd |
01Apr10 |
01Apr10 |
4th |
22Jan06 |
01Aug07 |
EMPLOYMENT |
India |
Pakistan/Bangladesh |
1st |
01Feb22 |
Current |
2nd |
15Jan12 |
15Mar23 |
3rd |
22Sep12 |
01Dec21 |
Other |
15Aug12 |
01Jan21 |
4th |
01Jan21 |
01Jan21 |
5th |
01Dec20 |
Current1B |
DATES FOR FILING VISA APPLICATIONS - JULY 2024
FAMILY |
India |
Pakistan/Bangladesh |
1st |
01Sep17 |
01Sep17 |
2A |
01Nov23 |
01Nov23 |
2B |
01Jan17 |
01Jan17 |
3rd |
01Oct10 |
01Oct10 |
4th |
15Jun06 |
01Mar08 |
EMPLOYMENT |
India |
Pakistan/Bangladesh |
1st |
08Feb22 |
Current |
2nd |
22Jun12 |
22Mar23 |
3rd |
01Oct12 |
01Feb23 |
Other |
01Oct12 |
01Jan21 |
4th |
01Feb21 |
01Feb21 |
5th |
01Apr22 |
Current1B |
Visa Bulletin for July 2024 is available on our website. Please go to http://www.khabar.com/magazine/ immigration/
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