On July 17, 2024, President Biden announced next steps in the administration’s progress toward keeping families together through parole in place, support for ‘Dreamers’ to transition to college, and other immigration access and services. This is a follow up to the Biden administration’s Actions announced on June 18, 2024.
Keeping Families Together through Parole in Place
On June 18, President Biden announced a new process to help U.S. citizens with noncitizen spouses and children who have been in the United States for 10 years or more keep their families together. If parole is granted, noncitizens who are eligible to apply for lawful permanent residence based on their marriage to a U.S. citizen will be able to do so without having to leave the United States.
USCIS will begin acception applications on August 19, 2024. Applications submitted before August 19, 2024, will be rejected. More information about eligibility, the application process, including the forms and fees, will be published in a forthcoming Federal Register notice.
This action is expected to apply to approximately half a million spouses of U.S. citizens, and 50,000 noncitizen children whose parent is married to a U.S. citizen.
Important timeline considerations: The Biden administration intends to promptly process parole in place applications so that foreign nationals who file immediately will likely be able to obtain parole and subsequently file a I-485 Adjustment of Status application prior to January 20, 2025. Biden officials believe that a filed I-485, even if not fully processed, could protect this population from deportation under a future Trump administration.
Eligibility: To be considered for a discretionary grant of parole, on a case-by-case basis, under this process, applicants 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;
- Have a legally valid marriage to a U.S. citizen as of June 17, 2024;
- Not have any disqualifying criminal history or otherwise constitute a threat to national security or public safety; and
- Otherwise merit a favorable exercise of discretion.
USCIS may also consider certain noncitizen children of requestors under this process if, as of June 17, 2024, they were physically present in the United States without admission or parole, and have a qualifying stepchild relationship to a U.S. citizen. More information about these eligibility criteria will be available in the forthcoming Federal Register notice.
Planning ahead: While USCIS is not currently accepting applications, applicants can begin to prepare to file a parole application by gathering evidence of their eligibility, such as:
- Evidence of a legally valid marriage to a U.S. citizen as of June 17, 2024, such as a marriage certificate;
- Documentation of proof of identity, including expired documents may include:
- Valid state or country driver’s license or identification;
- Birth certificate with photo identification;
- Valid passport; or
- Any government issued document bearing the requestor’s name, date of birth, and photo.
- Evidence of their spouse’s U.S. citizenship, such as a passport, birth certificate or Certificate of Naturalization;
- Documentation to establish your continued presence in the United States for at least 10 years, as of June 17, 2024.
Update to Ease the Nonimmigrant Visa Process for US College Graduates
Also in the June 18 announcement, President Biden announced new actions to help young people who have been educated in the U.S., including DACA recipients and other Dreamers, receive work visas more quickly. The Department of State has updated its public guidance to make it clear that it is in the public interest that individuals who graduated from a U.S. institution of higher education and are seeking a work visa are able to put their degree to use in the United States, and that these factors should be considered favorably when recommending waivers in the visa application process.
New Announcements to Support Access to Services
‘Dreamer’s’ Transition to College: The Biden administration announed on July 17, that the Department of Education is issuing a proposed rule to expand the federal TRIO program to ensure Dreamers and others can enroll. By providing high school students with services and supports such as college campus visits, tutoring, and help completing college and financial aid applications, the TRIO program helps students from low-income backgrounds and students who would be the first in their family go to college successfully transition from high school to college. The proposed expansion would mean that an estimated 50,000 more students each year would be able to access TRIO programs and services, and thousands more would go to college.
Ensuring access to immigration services: USCIS is announcing the launch of a new initiative – “USCIS to You” – to bring immigration-related assistance into local communities, including rural and underserved areas. Services that may be provided include naturalization interviews and oath ceremonies, customer service appointments, and education on immigration benefits and processes. USCIS is also providing up to $2.6 million to help small public and non-profit organizations establish new citizenship programs and train staff to assist lawful permanent residents in understanding and navigating the naturalization process. USCIS has released this new Notice of Funding Opportunity and plans to announce grant recipients by September 2024.
Expanded access to legal representation: On July 17, 2024, the Department of Justice Executive Office of Immigration Review (EOIR) is doubling the number of locations for their “Attorney of the Day” program, which makes volunteer lawyers available in immigration courtrooms to provide assistance to those who do not have representation at their initial immigration court hearings. The Department will expand this program to include immigration courts in Hyattsville, Maryland; New York City; and Atlanta in addition to the three current locations: San Francisco, New Orleans, and Chicago. The Department is also increasing free and low-cost legal representation by increasing participation of law students in clinical programs and expanding training opportunities such as its mock trial program.
- The Justice Department is also creating a new leadership position focused on improving access to the immigration system and finding innovative ways to increase representation rates for noncitizens in immigration court.
- The Biden administration has also issued a call to action for members of the legal community, including law firms, nonprofits, advocacy organizations, and other stakeholders to make commitments of pro bono support for those who are unrepresented in immigration proceedings. In response, the American Bar Association will leverage its existing resources to help and encourage more lawyers to provide pro bono support to unrepresented noncitizens in immigration proceedings. The Administration welcomes additional commitments from interested stakeholders to build upon these efforts.
Erickson Insights & Analysis
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.