Name: LegalService
Item: Getachew & Ansari Immigration Attorneys, P.C.
Rating: 5
Author: Meseret A.

The U.S. Department of Homeland Security has announced a new process to allow non-citizen spouses to apply for U.S. citizenship without leaving the United States. An estimated 500,000 people, along with their sons and daughters, may be eligible to participate. The program may prevent families from having long periods of separation when applying for residency in the United States.

Overview of the New DHS Process

The new DHS process is formally called the Process to Promote the Unity and Stability of Families. Under this process, the following applies:

Qualified spouses of U.S. citizens can request lawful permanent residence status without leaving the United States.
Applicants may not pose a public safety risk.
They must have 10 years of continuous presence in the United States and a valid marriage as of June 17, 2024. The marriage does not need to be for 10 years.
An application is required with supporting documentation.
The program is discretionary, so there is no guarantee of approval.
If approved, you will receive parole in place for up to three years. During that period, you may file Form I-485, Application to Register Permanent Residence or Adjust Status, and Form I-130, Petition for Alien Relative.

The goal of the program is to allow qualified persons to have pending or final status adjustments at the end of their parole period. Ultimately, these persons may remain in the United States, achieving lawful status without separation from their families.

DHS announced the policy change on June 18, 2024. Officials will provide additional instructions soon.

Qualified applicants can submit their requests as early as August 19, 2024. Early applications will be rejected.

Applicants will receive background checks, and the USCIS will take measures to identify fraud.

Goals of the New Family Unity Initiative

Family unification has always been a goal of U.S. immigration. However, for undocumented spouses, the process has always been difficult. Under the old procedures, even if you had been married to your spouse for decades, you could have been forced to leave the United States to apply for residency. That could mean years of living separated in another country. There could have been a bar of three years or 10 years or a lengthy waiver process.

The new process allows undocumented spouses to apply from the United States. They can receive parole in place while their application is pending. The goal of the program is to strengthen families and the United States by keeping families intact.

Eligibility Criteria for the New Process

To be eligible for the new process, you must be:

In the United States, without being admitted or paroled
Continually in the United States for 10+ years, as of June 17, 2024
Lawfully married to a U.S. citizen, as of June 17, 2024
Not disqualified because of a criminal record
Not disqualified because of a threat to public safety

Officials determine if an applicant merits a favorable exercise of discretion.

Application Procedure: How to Get Started

While you are waiting for the application to officially open, you can prepare your documents, which include the following:

Proof of marriage. You must have had a valid marriage as of June 17, 2024.
Identification, including a driver’s license or state ID, birth certificate, passport, or other government document.
Proof of U.S. citizenship for your spouse, such as a birth certificate, passport, or naturalization certificate.
Proof you have been in the United States since June 17, 2014. Examples may be school records, medical records, religious records, insurance, tax receipts, car registrations, and banking records.
Relationship verification for sons and daughters accompanying the application, such as a birth certificate. In addition, evidence of the child’s presence in the U.S. from June 17, 2024.

There will also be biometric processing for screening.

Application forms are free to access, but there will be a filing fee. Licensed immigration attorneys at Getachew & Ansari Immigration Attorneys, P.C. can provide this representation.

Sons and Daughters May Benefit from the New Family Unity Process

Children of the requestor can be included too. Sons and daughters must be noncitizens and physically present in the United States, without having formally received admission or parole.

They must be the stepchild of a U.S. citizen.

Policy Changes to Help Immigrant Families

In addition to this initiative, DHS has announced its intention to facilitate employment for certain individuals, including DACA (Deferred Action for Childhood Arrivals) recipients and undocumented persons in the United States who have graduated from U.S. colleges and universities. They say these initiatives will help employers hire and use qualified workers. DHS says to expect future updates.

Legal Considerations and Requirements

The purpose of this USCIS program is to offer a path for families to stay together and achieve lawful status in the United States. However, you must carefully consider your options. USCIS has the discretion to grant or deny an application. They may issue a Notice to Appear (NTA) or seek other immigration enforcement action. An experienced lawyer can help you evaluate the legal considerations.

What if I have a criminal record? Am I eligible for the process to promote the unity and stability of families?

It depends. A conviction that makes you ineligible for adjustment of status will also make you ineligible for the parole-in-place process. Officials expect to issue clearer guidance as the process moves forward.

What if I overstayed my visa? Am I eligible for the process to promote the unity and stability of families?

No. Persons who overstayed a nonimmigrant visa are not eligible. However, there may be another process to apply for a Green Card through family-based immigration.

What if I am in removal proceedings? Am I eligible?

Maybe. If you are currently in removal proceedings, officials will look at the entire circumstances. It is important to highlight why your application has merit. If you are in removal as an enforcement priority under 2021 guidelines, you cannot qualify.

Contact an Experienced Immigration Lawyer Today

Getachew & Ansari Immigration Attorneys, P.C. represents clients in immigration matters. We stay up to date on the latest changes and information.

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DHS Announces New Process To Promote the Unity and Stability of Families