President Joe Biden announced a pair of key immigration policies in mid-June.
The first allows certain undocumented individuals who are married to U.S. citizens, as well as their children, to apply for legal permanent residency via "Parole in Place," while the second creates a pathway for "DACA recipients and other Dreamers" to "more quickly receive work visas."
It is important to note that information about these programs is very limited. Key details have not yet been released, including exact eligibility, application procedures, and timeline. There are no forms or applications to file pursuant to this program as of July 12, 2024.
We spoke with Garfinkel Immigration Law Firm Senior Associate Attorney Catherine Magennis about the policy announcements and their potential impacts on applicable foreign nationals. She explained the benefits of the initiatives, the possible eligibility criteria, when the programs may launch and more in the interview below.
WHAT LED PRESIDENT BIDEN TO ANNOUNCE THESE POLICIES AND WHY ARE THEY NEEDED?
The rationale that President Biden gave when he announced these policies was that he understands there is a broken immigration system.
These two programs benefit a limited number of people. The first are undocumented foreign nationals who are married to U.S. citizens and have lived in the United States for at least 10 years as of June 17 of this year. Their children will also be eligible for Parole in Place if they are also undocumented and have a qualifying stepchild relationship to a U.S. citizen. These cases will be decided on a case-by-case basis.
The second policy will benefit DACA recipients, and potentially others, who graduate from a U.S. college or university and have a job offer in the United States. The announcement said the policy will allow these foreign nationals to "more quickly receive work visas." There were not many specific details released about this policy and we are waiting for updates and any new information.
It is also unclear right now whether Biden plans to issue these policies via an executive order, or through the more intensive regulatory process. This could make a difference in how they are implemented and their vulnerability to legal challenges.
WHAT EXACTLY WILL THE SPOUSAL "PAROLE IN PLACE" PROGRAM OFFER APPLICABLE FOREIGN NATIONALS?
The first policy grants "Parole in Place" to the applicable spouses of U.S. citizens, as well as their undocumented children.
"Parole in Place" is a concept that's been in existence for a while now,. It allows for someone who entered the United States unlawfully, without a visa, to gain what is the equivalent of a legal entry into the United States. It is a common strategy used for military members and family of military members, which is now being expanded to spouses of U.S. citizens.
Parole in Place is a really important benefit because generally, the only way to get a green card from within the United States is if you lawfully entered.
Typically, the only way to apply for a green card through a U.S citizen spouse, if you entered without a visa, would be to go to a consulate abroad.
This could become an issue because, if you're here unlawfully for more than a year without status, then your departure from the United States to attend the interview for your green card could potentially trigger a bar where you would not be able come back to the United States for 10 years.
There are waivers in place to waive the 10-year penalty and many spouses of U.S. citizens, and their children, are eligible for one of those waivers. However, they take years of processing and would still require the recipient to leave the United States and still be separated from their family for a time. It is extremely burdensome for that person and their family.
This new policy is significant because Parole in Place will allow those undocumented spouses, and their children, to receive that "legal entry" that they need to be able to process their case from within the United States and not need a waiver. It will save the applicant from the expense and time of having to apply for a waiver, having to leave the United States and be separated from their family.
If an undocumented spouse is not eligible for Parole in Place through this policy, they may still be eligible for a waiver as I previously described – that process, as we know it, is not changing. The Parole in Place policy is just a new – and welcomed – pathway for certain undocumented spouses.
WHAT DOES "PAROLE" MEAN IN AN IMMIGRATION CONTEXT?
In immigration, "Parole in Place" is a tool that gives you proof of legal entry without actually having to leave the U.S. With a legal entry, you can move forward and apply for your green card from within the United States.
It's really impactful being able to have that legal entry, so to speak. The reason why it's called "Parole in Place" is because you don't have to leave the U.S. to get it. You're in place in the United States, so you're "paroled in place."
The concept of parole sounds scary to some people. I know a lot of people think of parole in the context of criminal proceedings, but in the immigration context, it's a positive thing. It's allowing someone to be in, or enter, the United States without a visa.
WHAT ELSE SHOULD POTENTIAL BENEFICIARIES KNOW ABOUT "PAROLE IN PLACE?"
Parole in Place is not going to benefit every undocumented spouse of a U.S. citizen, or their children that are in the country. You'll still need to be evaluated by an immigration attorney to see if you're what's called "admissible" to the United States.
There are also certain other parameters that you have to meet. You have to have been in the United States as of June 17, 2024 and resided in the United States for at least 10 years before that date. So, that is dating back to June 2014. You also have to have been legally married to a U.S. citizen before June 17, 2024. So, it's not going to be for everyone.
If you think that you might be able to benefit from this program, you certainly want to make sure that you gather documents proving that you were here for 10 years. You can check your marriage certificate (and gather any divorce or death certificates from any prior spouses) that proves that you were in fact legally married at the time of the announcement on June 17.
You also want to be able to establish "good moral character" because there will be a case-by-case assessment. For that, you should request a certified criminal record from the court where any criminal activity occurred. You should also make sure you are up to date with your taxes and, if you have any dependents that are not living with you, that you are up to date with any child support obligations.
I would also recommend that interested applicants maintain proof that you were physically here at the date of the announcement, so if you have receipts or bank statements or pay stubs or children's school records that list your name from around the time of June 17, I think it's a good idea to save those. Anything that proves you were physically here at the time of the announcement. Having the necessary documents will allow you to be ready, so that you'll be able to start the application process once we have more information about how to apply, and who exactly is eligible.
Further reading: How to proactively prepare for spousal 'Parole in Place' application process
WHAT EXACTLY DOES THE DREAMER WORK PERMIT POLICY OFFER APPLICABLE FOREIGN NATIONALS?
We're not entirely clear about how this policy will benefit Dreamers yet because of how limited the policy announcement was. Typically, to be able to get a work visa from within the United States, you have to show that you've maintained your status. Having DACA is not necessarily a legal status, it's permission to be in the United States. So, we're not entirely clear exactly how this new policy is going to benefit those that have DACA and/or others.
It seems as if President Biden is hoping to build on President Obama's DACA program by helping young people have access to work authorization. Getting a work visa that could potentially lead them towards more permanent status, through an employment-based petition, potentially. But that guidance is still unclear.
IS THERE ANYTHING POTENTIAL BENEFICIARIES CAN DO TO PREPARE FOR THE DACA WORK PERMIT POLICY APPLICATION PROCESS OPENING?
DACA recipients who have graduated from a U.S. college or university should make sure that they have access to their degree and potentially they're transcripts, as the announcement stated that those that have earned a degree at an accredited U.S. institution of higher education in the United States and received a job offer from a U.S. employer in a field related to their degree will more quickly receive a work visa based on this policy.
I would also recommend that they maintain proof that they were physically here at the date of the announcement, so if you have receipts or bank statements or pay stubs from around the time of June 17, I think it's a good idea to save those. Anything that proves you were physically here at the time of the announcement.
But right now, we don't know if being physically present at the time of the announcement is a requirement. Logically, it would make sense that it would be, because to maintain your DACA status, you need to be in the United States unless you have permission to be outside of the country.
WHEN DO YOU THINK THESE PROGRAMS WILL LAUNCH?
The White House has said, and we expect, some kind of regulations, policy, or further guidance to be published in the Federal Register sometime later this summer. The policies also could be challenged in federal court once they are officially released.
CAN APPLICATIONS BE FILED BEFORE THERE IS FURTHER GUIDANCE RELEASED?
No, definitely not. There is no application open at this time. There is a lot of fraud out there, so applicable foreign nationals should be aware that they can't apply for anything as of July 12. They should just be aware that there is fraud out there. There's no way to get in line. There's no way to get on a wait list with USCIS.
If you have a trusted immigration attorney and want to be prepared, want to talk to them about what documents to gather, what will count towards physical presence, those are things you can certainly have an appointment with an immigration attorney about right now, so that you are prepared to file as soon as possible once the application process opens.
But my big takeaway right now is just to be mindful of scams and before submitting any documents, certainly check on USCIS.gov or speak to a licensed immigration attorney.
HOW CAN APPLICABLE FOREIGN NATIONALS LEARN MORE ABOUT THE SPOUSAL "PAROLE IN PLACE" OR WORK PERMIT FOR DREAMERS POLICIES?
Foreign nationals can learn more about these policies by contacting the attorneys at Garfinkel Immigration Law Firm by phone at 704-442-8000 or via our website.
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