Featured Issue: Executive Actions to Promote Family Unity and Help Dreamers (2024)

Information Regarding Parole-in-Place

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; on average, these noncitizens have resided in the United States for 23 years. Approximately 50,000 children of these spouses also will be eligible for this process.

Note that noncitizens who pose a threat to national security or public safety will not be eligible for this process. If a noncitizen poses a threat to national security or public safety, DHS will detain, remove, or refer them to other federal agencies for further vetting, investigation, or prosecution as appropriate.

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. USCIS has strong processes in place to identify and address potential fraud, which will be applied here to ensure the integrity of this program.

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.

Further information regarding eligibility and the application process, including a notice in the Federal Register, will be published soon.USCIS will reject any filings or individual requests received before the application period begins later this summer.

Information Regarding Changes for DACA Recipients and Other Dreamers

On June 18, the White House announced that individuals, including DACA recipients and other Dreamers, who have earned a degree at an accredited U.S. institution of higher education in the United States, and who have received an offer of employment from a U.S. employer in a field related to their degree, will be able to more quickly receive work visas.

Eligibility and Process for D-3 Waivers for the Three- and Ten-Year Bars of Dreamers

DOS provided the following FAQs:

Q: What will these process clarifications mean for current NIV ineligibility waiver processing steps?

• These clarifications will describe when consular officers should consider recommending that the Department of Homeland Security waive ineligibility for these applicants on an expedited basis, in conjunction with visa applications overseas. However, the processing steps will remain the same.
• Waiver requests are adjudicated by the Department of Homeland Security, U.S. Customs and Border Protection’s Admissibility Review Office.
• For additional information related to visa ineligibility waivers, please visit our website: Ineligibilities and Waivers: Laws (state.gov).

Q: If an applicant needs a visa ineligibility waiver, how can they request one as part of a standard interview?

• Applicants who are denied a visa will generally be notified by the consular officer of the basis for the ineligibility, and whether they are eligible for a waiver of their ineligibility.
• If an applicant is ineligible for a visa based on certain grounds of inadmissibility in Section 212(a) of the Immigration and Nationality Act, they may be eligible for a waiver.
• Waiver requests are adjudicated by the Department of Homeland Security, U.S. Customs and Border Protection’s Admissibility Review Office, based on a recommendation from the Department of State.
• For additional information related to visa ineligibility waivers, please visit our website: Ineligibilities and Waivers: Laws (state.gov)
• For questions related to waiver approvals, we refer you to the Department of Homeland Security.

Q: How will forthcoming edits to the Foreign Affairs Manual (FAM) clarify existing guidance to consular officers?

• Upcoming FAM updates will clarify when consular officers should recommend that DHS grant a waiver of the applicant’s ineligibility, consistent with the waiver process that is already available under existing law to individuals seeking nonimmigrant visas, and consistent with Department regulations that describe the types of cases in which consular officers should consider recommending a waiver of ineligibility. It is not conferring any new benefits and is not limited to DACA recipients.
• These updates will also encourage consular officers to consider recommending expedited review of waiver requests in conjunction with certain nonimmigrant visa applications overseas, consistent with existing Department regulations and guidance.
• This will result in certain individuals to potentially more quickly receive work visas if DHS approves a waiver of ineligibility.
• While leaving the United States to apply for a visa is not without risks, this policy will clarify when consular officers should consider recommending waivers, so that individuals and employers can make informed decisions and streamline the process so that those who qualify can get to work quickly.

Q: When will the guidance be issued?

• Updated guidance for consular officers will be issued within the next 30 days.

Agency Guidance and Announcements

• USCIS Information and Guidance: Process to Promote the Unity and Stability of Families
  Including:
  • Eligibility and Process
  • Protect Yourself from Immigration Scams
  • Key Questions and Answers
• DOS Issues Guidance on Easing the Nonimmigrant Visa Process for U.S. College Graduates
• Statement of Secretary of Homeland Security Alejandro N. Mayorkas on the Biden-Harris Administration’s Actions to Keep American Families Together - June 18, 2024
• Fact Sheet: President Biden Announces New Actions to Keep Families Together - June 18, 2024
• Fact Sheet: DHS Announces New Process to Promote the Unity and Stability of Families - June 18, 2024

AILA Statements

• AILA Applauds Announcement of Life-Changing Protections for Undocumented Spouses of U.S. Citizens and Dreamers

Practice Resources

• National Immigration Forum: D-3 Waivers for the Three- and Ten-Year Bars of Dreamers
• Immigration Impact: Biden Announces Immigration Protections for Up to 550,000 Spouses and Children of US Citizens
• American Immigration Council Fact Sheet: The Biden Administration’s Parole-In-Place Announcement: Helping Mixed-Status Families Stay Together and Avoid Bureaucratic Traps
• Navigating the Surge in Client Calls on New Parole-in-Place Rules

AILA Products

• AILA Waivers Online Course
• The Waivers Book: Strategies for Overcoming Inadmissibility, Removability, and Other Barriers to Immigration Benefits

Media Coverage

• Forbes: DACA Recipients Could Gain H-1B Visas Under New Immigration Policy - June 19, 2024
• New York Times: Small Step Could Bring Big Relief to Young Undocumented Immigrants - June 18, 2024
• Washington Post: Biden to waive penalties for undocumented spouses of U.S. citizens - June 18, 2024
• PBS NewsHour: Exclusive: Biden expected to announce protections for certain undocumented immigrants - June 13, 2024
• Associated Press: White House preps ‘dreamers’ celebration while President Biden eyes new benefits for immigrants - June 13, 2024
• NBC News: Biden administration is considering protecting undocumented immigrants who are married to citizens - June 10, 2024