This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Loan Huynh is an active member.
On June 18, 2024, President Biden announced measures “to ensure that U.S. citizens with noncitizen spouses and children can keep their families together.” He said that:
- To be eligible, noncitizens must — as of June 17, 2024 — have resided in the United States for 10 or more years and be legally married to a U.S. citizen, while satisfying all applicable legal requirements. On average, those who are eligible for this process have resided in the United States for 23 years.
- Those who are approved after the Department of Homeland Security’s case-by-case assessment of their application will be allowed to remain with their families in the United States and be eligible for work authorization for up to three years. This will apply to all married couples who are eligible.
- This action will protect approximately half a million spouses of U.S. citizens, and approximately 50,000 noncitizen stepchildren under the age of 21 whose parents are married to U.S. citizens.
President Biden also announced measures to enable Deferred Action for Childhood Arrivals (DACA) recipients “and other Dreamers who have earned a degree at an accredited U.S. institution of higher education in the United States, and who have received an offer of employment from a U.S. employer in a field related to their degree, to more quickly receive work visas.” He said the administration “is taking action to facilitate the employment visa process for those who have graduated from college and have a high-skilled job offer, including DACA recipients and other Dreamers.” The action will involve streamlining the so-called “D-3” waiver process, by which people can overcome their unlawful presence problem by applying for a waiver at a consular post.
According to reports, details are expected to be released over the summer, along with an application process. People cannot apply yet.
