The Department of Homeland Security (DHS) has announced new steps to help keep families together during the immigration process. This move is part of the Biden-Harris Administration’s goal to support family unity. However, fixing the larger immigration system still requires action from Congress.
If you or your family is in need of the assistance of a trusted immigration lawyer in El Paso, look no further than Winterberg Law. To learn more about how we can assist you, contact us online or call (915) 841-9777 today.
Current Challenges
Right now, if a noncitizen is married to a U.S. citizen, they can apply for a green card (lawful permanent residence). But many noncitizens have to leave the U.S. first and wait for approval abroad. This can lead to long periods of separation from their families, causing a lot of stress and worry.
New Process for Noncitizen Spouses
To help, DHS is starting a new process for noncitizen spouses of U.S. citizens who meet certain criteria:
- They have lived in the U.S. for 10 years or more.
- They do not pose a threat to public safety or national security.
- They are eligible to apply for a green card.
- They deserve a positive decision based on their individual case.
- If they qualify, these noncitizens can apply for a green card without leaving the U.S. DHS estimates that around 500,000 noncitizen spouses might be eligible. These individuals have, on average, lived in the U.S. for 23 years. About 50,000 children of these spouses might also benefit from this process.
Family Reunification Efforts
These actions build on other steps taken by the Biden-Harris Administration to keep families together, such as:
- Implementing family reunification parole processes for people from Colombia, El Salvador, Guatemala, Honduras, and Ecuador.
- Updating parole processes for Cuban and Haitian families.
- Reuniting nearly 800 children with their families who were previously separated.
- Creating parole processes for certain people from Cuba, Haiti, Nicaragua, and Venezuela who have U.S.-based supporters.
Eligibility and Application Process
To be considered for this new process, an individual must:
- Be present in the U.S. without official permission.
- Have lived continuously in the U.S. for at least 10 years by June 17, 2024.
- Be legally married to a U.S. citizen by June 17, 2024.
- Have no serious criminal history or pose any threat to national security or public safety.
- Merit a positive decision based on their individual case.
- Children of these individuals may also be considered if they meet similar criteria.
Applicants will need to file a form with U.S. Citizenship and Immigration Services (USCIS), provide supporting documents, and pay a fee. More details about the application process will be published soon.
Employment-Based Visas
DHS will also work with the Department of State to help facilitate employment-based nonimmigrant visas for certain eligible individuals. This includes Deferred Action for Childhood Arrivals (DACA) recipients and undocumented noncitizens who have graduated from U.S. colleges or universities. This updated policy will help U.S. employers hire the talent they need more quickly and with greater confidence.
Our Immigration Lawyer in El Paso is to Help
These new steps by DHS are part of a broader effort to keep families together and improve the immigration process. While these actions help address some challenges, fixing the entire immigration system still requires new laws from Congress. If you want to better understand how this new order may affect you or your loved ones, reach out to our El Paso immigration lawyer at Winterberg Law. Call (915) 841-9777 today.
