Key Takeaways:
- Starting August 19, 2024, new legalization processes will begin for undocumented spouses of U.S. citizens and Dreamers.
- Programs include parole-in-place for spouses and expedited employment-based visas for qualifying Dreamers with higher education degrees.
- Benefits: work authorization for spouses, streamlined waiver process for Dreamers, and enhanced consular coordination for visa applications.
New Legalization Processes for U.S. Citizen Spouses and Dreamers Starting August 2024
On August 19, 2024, the Biden administration will introduce new legalization processes that aim to provide legal pathways for certain undocumented individuals in the United States, specifically targeting undocumented spouses of U.S. citizens and Dreamers, including DACA recipients. These initiatives signify a pivotal development in the U.S. immigration landscape.
What is the New Legalization Process for U.S. Citizen Spouses?
The new program, named “Process to Promote the Unity and Stability of Families,” offers undocumented spouses of U.S. citizens the opportunity to apply for parole-in-place and possibly adjust their status to lawful permanent residents without having to leave the country.
Who is Eligible?
To qualify for this process, applicants must meet the following criteria:
– Be present in the U.S. without admission or parole.
– Have been continuously present in the U.S. for a minimum of 10 years as of June 17, 2024.
– Be legally married to a U.S. citizen by June 17, 2024.
– Have no disqualifying criminal history or national security concerns.
– Merit a favorable exercise of discretion.
How to Apply?
- File Form I-131: Submit the Application for Travel Document to USCIS.
- Pay the Required Filing Fee: The exact amount will be announced later.
- Submit Supporting Documentation: This includes:
- Proof of continuous presence in the U.S. for over 10 years.
- Evidence of a valid marriage to a U.S. citizen.
- Results of a criminal background check.
- Attendance of a biometrics appointment.
What are the Benefits?
- Applications will be accepted starting August 19, 2024.
- USCIS will review each case individually.
- If approved, parole will be granted for up to 3 years.
- Applicants are eligible for work authorization during the parole period.
- Potential to apply for adjustment of status to become a permanent resident.
What is the New Process for Dreamers?
This initiative aims to expedite the process for certain Dreamers, including DACA recipients, to secure employment-based visas and potentially advance towards permanent residency.
Who Qualifies for This Process?
Eligible Dreamers must:
– Have earned a U.S. higher education degree.
– Received a job offer from a U.S. employer in a field related to their degree.
– Meet other specific requirements for the employment-based visa category.
What Key Changes are Included?
- Expedited Processing for qualifying Dreamers applying for H-1B, L-1, O-1, and other employment-based visas.
- Streamlined Waiver Process for certain inadmissibility grounds related to unlawful presence.
- Guidance to Consular Officers to favorably consider U.S. education and employment offers when adjudicating visa applications.
Application Steps
- Apply for the relevant employment-based visa through standard procedures.
- Include proof of the U.S. degree and the qualifying job offer.
- If necessary, submit Form I-601, the Application for Waiver of Grounds of Inadmissibility.
- Attend the visa interview at a U.S. consulate (if abroad) or apply for a change of status with USCIS (if in the U.S.).
What are the Implementation Details?
- New guidance will be issued to consular officers and USCIS adjudicators by August 19, 2024.
- Enhanced coordination between the Department of State and the Department of Homeland Security.
- Creation of a dedicated processing unit for Dreamer employment-based visa applications.
Additional Measures to Support Immigration
- Expansion of the “Attorney of the Day” program to more immigration courts, offering free legal assistance to unrepresented individuals.
- Introduction of the “USCIS to You” initiative, bringing immigration services to rural and underserved communities.
- Increased funding for citizenship education and naturalization assistance programs.
How to Prepare for the New Legalization Processes?
Applicants should start preparing well in advance to ensure they meet all requirements:
1. Gather Required Documentation:
– Proof of presence, marriage certificates, educational records, etc.
2. Create or Update myUSCIS Online Accounts: This will help track application status and communications.
3. Consult with Qualified Immigration Attorneys or Accredited Representatives: Legal advice can help ensure the application process runs smoothly.
4. Be Wary of Scams: Only deal with authorized practitioners to avoid potential scams.
As the August 19, 2024, implementation date approaches, further details and official guidelines will be provided by the relevant government agencies, ensuring applicants precisely understand the process ahead.
These measures introduced by the Biden administration aim to strengthen family unity and provide opportunities for long-term residents to fully integrate into American society. According to VisaVerge.com, these changes signify a significant step towards reforming the existing immigration framework, particularly for U.S. citizen spouses and Dreamers.
For more authoritative information, please visit the USCIS official page.
Quote:
“These new processes represent significant changes to the U.S. immigration system, aiming to keep families together and provide opportunities for long-term residents to contribute fully to American society.”
Learn Today:
Glossary of Terms
- Parole-in-Place
- A provision allowing certain undocumented individuals already in the U.S. to remain without fear of deportation and enable them to adjust to lawful permanent resident status without leaving the country.
- Adjustment of Status
- The process through which an immigrant in the U.S. can apply to become a lawful permanent resident (green card holder) without having to return to their home country for visa processing.
- DACA (Deferred Action for Childhood Arrivals)
- A program that provides temporary relief from deportation and work authorization to eligible undocumented individuals who entered the U.S. as children, often referred to as Dreamers.
- Employment-Based Visa
- A category of visas granted to individuals who have a job offer from a U.S. employer and meet other specified criteria related to their professional qualifications and skills.
- Waiver of Grounds of Inadmissibility (Form I-601)
- A legal mechanism allowing certain inadmissible immigrants to seek entry or adjustment of status despite disqualifying issues such as unlawful presence, as long as they can prove that their admission would not harm U.S. interests.
This Article In A Nutshell:
Starting August 19, 2024, new U.S. immigration policies will offer legal pathways for undocumented spouses of U.S. citizens and Dreamers, like DACA recipients. These initiatives aim to strengthen family unity and provide opportunities for long-term residents to integrate fully into American society, marking significant progress in immigration reform.
— By VisaVerge.com
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