President Biden has announced a significant new policy that may provide deportation protection and work permits for spouses and children of U.S. citizens, part of the Biden-Harris administration efforts to keep families together. It is important to keep in mind that although this announcement has been made, we must face any lawsuits that may be filed against the new policy and await USCIS regulations to be put in place. However, we can begin preparing ourselves for this new process.
What this policy hopes to accomplish:
- To help certain noncitizen spouses of U.S. citizens apply for lawful permanent residence – without leaving the country. Noncitizens must – as of June 17, 2024 – have resided in the United States for 10 or more years and be legally married to a U.S. citizen, while satisfying all applicable legal requirements.
- To protect noncitizen children and stepchildren under the age of 21 whose parent is married to a U.S. citizen.
- To allow 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, to receive work visas more quickly.
What you can do to get a head start:
- Obtain proof of your marriage to a U.S. citizen. For example, marriage certificate and license.
- Gather proof of your physical presence in the US over the course of the past 10 years. For example, utility bills, school records, medical records, prescriptions, tax records, property leases, driver’s license, or any document that shows you have been present in the US. Time to get creative!
- Call our office and sign up for our call-back list. We will be reaching out to folk interested in this process once USCIS begins accepting applications.