DHS Introduces New Family Unity and Stability Process
The Department of Homeland Security announced actions to promote family unity in the immigration process, which is consistent with the Biden-Harris Administration’s commitment to keeping families together.
Under current law, noncitizens married to a U.S. citizen may apply for lawful permanent residence through their marriage to a U.S. citizen. However, to apply for lawful permanent residence, many noncitizens must first depart the United States and wait to be processed abroad, resulting in a prolonged, potentially indefinite, period of separation from their U.S. citizen family members and causing tremendous hardship to all concerned. Consequently, these families live in fear and face uncertainty about their future.
To address this challenge, DHS will establish a new process to consider on a case-by-case basis, requests for certain noncitizen spouses of U.S. citizens who have lived in the United States for 10 years or more; do not pose a threat to public safety or national security; are otherwise eligible to apply for adjustment of status; and merit a favorable exercise of discretion. If eligible, these noncitizens will be able to apply for lawful permanent residence without having to leave the United States.
DHS estimates that approximately 500,000 noncitizen spouses of U.S. citizens could be eligible to access this process; on average, these noncitizens have resided in the United States for 23 years. Approximately 50,000 children of these spouses also will be eligible for this process. Noncitizens who pose a threat to national security or public safety will not be eligible for this process, as aligned with our immigration enforcement priorities.
To be considered on a case-by-case basis for this process, an individual 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.
Noncitizen children of potential requestors may also be considered for parole under this process if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship to a U.S. citizen as of June 17, 2024.
In order to be considered for parole, an individual will need to file a form with USCIS along with supporting documentation to show they meet the requirements and pay a fee. Further information regarding eligibility and the application process, including a notice in the Federal Register, will be published in the near term.
USCIS will reject any filings or individual requests received before the date when the application period begins later this summer. All requests will take into consideration the potential requestor’s previous immigration history, criminal history, the results of background checks and national security and public safety vetting, and any other relevant information available to or requested by USCIS.
Madison Vilardo | Immigration CorrespondentMy name is Madison Vilardo, I am a third year at Plattsburgh State University studying Criminal Justice, Sociology, Gender and Women’s Studies, and Social Justice. I am extremely passionate about social justice especially in terms of the law. I am wanting to research certain laws and use what I have found within my research to help reform certain parts of the law. This is extremely significant because the law has been biased and unfair for way too long now, and change needs to happen. I am so excited to start this journey, and to learn new ways of bringing reform to this country through laws.
