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New Affirmative Relief

On Behalf of | Jun 21, 2024 | Immigration Law

Announcement from AILA (American Immigration Law Association):

“On June 18, 2024, President Biden announced a series of immigration actions using the authority granted to him by our existing immigration laws. These actions will help certain undocumented individuals in the United States, including: Spouses and children of U.S. citizens who have been living in the United States for at least 10 years.

UPDATE: USCIS Began Accepting PIP Applications on August 19, 2024; Texas and 15 other states filed a lawsuit challenging the Keeping Families Together program, claiming the program is unlawful. As of August 23, 2024, the plaintiffs have filed a motion for temporary restraining order, preliminary injunction, and a stay of agency action. USCIS will continue to accept and adjudicate applications at this time and will only stop if a court order prohibits the agency from doing so.

 

Biden Plans to Help Some Dreamers Attend College

 

On July 17, 2024 the White House released a fact sheet with additional details on the new parole-in-place program, including that on August 19, 2024 eligible spouses and children will be able to apply for this process to obtain legal status while remaining with their families. Applications cannot be submitted before August 19, 2024.

The White House fact sheet also announced it plans to propose a rule to expand the federal TRIO program to help Dreamers access resources for first-time college attendees.

You may be eligible to apply for your green card without leaving the United States, if, as of June 17, 2024:

  • You are in the United States after entering without permission;
  • You have lived in the United States for at least 10 years and have never left;
  • You are legally married to a U.S. citizen or have a qualifying stepchild relationship with a U.S. citizen; and
  • You do not have certain criminal history or pose a threat to national security or public safety.
  • If you meet these criteria, the government MAY grant you parole-in-place.
  • Parole would be granted for a one-time period of three years.
  • You may also be eligible for employment authorization for up to three years.
  • If you are granted parole, you may apply for your green card within three years of approval.
  • Eligibility is determined on a case-by-case basis.
  • President Biden’s Order is also intended to help College-educated DACA recipients and Dreamers who are qualified for nonimmigrant status, such as an H-1B specialty occupation visa.
  • You may be eligible to apply for a temporary visa more easily, if:
  • You have a degree from an accredited U.S. institution of higher education; and
  • You have an offer of employment from a U.S. employer in a field related to your degree.

Please note that these programs have NOT YET begun.

This means:

  • You CANNOT submit an application at this time.
  • An early-filed application WILL BE REJECTED.
  • You SHOULD NOT pay anyone a fee associated with filing an application at this time.
  • BE PATIENT and take the time to find the right help

The wrong advice could harm your chances of staying in the United States, getting lawful status, or becoming a U.S. citizen.

  • DON’T BE FOOLED by notarios and other consultants who promise immediate results or special solutions in order to steal your money. Many unscrupulous individuals will cost more than licensed attorneys! If you are unsure if someone is qualified to help, ask for proof of their credentials and retain a copy of that evidence.

This program could also be legally challenged, which could impact its implementation. This makes it even more important to have a qualified, knowledgeable attorney.”

Information Courtesy of  AILA–the American Immigration Lawyers Association