President Biden’s announcement and related executive actions focused in part on the well-documented problems and issues along the Southern border and the need to secure that border – and, at the same time, the president called our immigration system “broken.”

That said, the overall mood at the moment is one of hope, especially with President Biden saying that “there is more that we can do to bring peace of mind and stability to Americans living in mixed-status families as well as young people educated in this country, including Dreamers,” as he reasserts the goal to “keep American families together and allow more young people to contribute to our economy.”

To be eligible for the noncitizen spouses and stepchildren initiative, as of June 17, 2024, those who plan to apply must have resided in the United States for 10 or more years and be legally married to a U.S. citizen or have a qualifying stepchild relationship with a U.S. citizen, while also satisfying all applicable legal requirements. For those who may qualify, several things are important to keep in mind.

The application process is expected to begin later this summer, and U.S. Citizenship and Immigration Services (USCIS) will first publish a Federal Register Notice to implement the process, explain the application process, and provide additional guidance on requirements to be considered for parole in place. This notice will explain what forms to file, the associated filing fees, any required documentation, and supporting evidence that will be needed to request parole in place.

USCIS has said that the DHS will consider applications on a case-by-case basis, and to qualify, those who apply must meet the following requirements: have been continuously physically present without admission or parole in the United States for 10 years or more; have no disqualifying criminal convictions; do not pose a threat to national security and public safety and pass vetting, and are otherwise eligible to apply for adjustment of status and merit a favorable exercise of discretion.

In announcing the new policy, President Biden said those who are approved after DHS’s case-by-case assessment of applications will be afforded a three-year period in which to apply for permanent residency. They will be allowed to remain with their families in the United States and be eligible for work authorization for up to three years. This will apply to all married couples who are eligible, the president’s announcement said. 

President Biden’s announcement also implemented a new policy that would help DACA recipients and other Dreamers who have earned a degree at an accredited 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, to more quickly receive work visas.

Another wonderful recent development for Connecticut families is the state’s expansion HUSKY healthcare coverage to all children 15 and younger as of July 1, regardless of immigration status, if families do not exceed income limits based on the size of the family.

Anyone with questions about the new policy for noncitizen spouses, who wishes to prepare for submitting an application, or who needs help with other immigration issues, should contact Attorney Rivas by phone at 203-744-1234, or by email at Lrivas@crameranderson.com.

Attorney Rivas has significant experience with the full range of immigration issues, including removal proceedings, asylum interviews, family petitions, National Visa Center, Consular processing, and SIJ status matters.