A couple of days ago, the Biden Administration announced new measures to help keep families united and provide a new pathway for immigrants to apply for green cards. This announcement is a game-changer for many and we're going to break down what it means for you.
The Announcement: A New Pathway to Green Cards
The White House has released a fact sheet detailing these new measures. Here are the key points:
- Eligibility Requirements: To be eligible, non-citizens must have resided in the United States for at least 10 years as of June 17, 2024, and be legally married to a U.S. citizen. Applicants must also meet all applicable legal requirements, which likely include being admissible to the U.S.
- Residency Statistics: On average, eligible individuals have resided in the U.S. for 23 years.
- Application Process: Those who are approved will be granted a three-year period of parole, during which they can apply for permanent residency. This period also includes eligibility for work authorization.
Impact of the Announcement
This new measure is expected to protect approximately half a million spouses of U.S. citizens and around 50,000 non-citizen children under the age of 21 whose parent is married to a U.S. citizen. It offers a significant opportunity for many families to stay together and secure their future in the U.S.
Understanding the Requirements
To take advantage of this new pathway, there are three main requirements:
1. 10 Years of Physical Presence: You need to have been physically present in the U.S. for at least 10 years as of June 17, 2024. Gather documents such as tax returns, W2s, and other records from 2014 to 2024 to prove your presence.
2. Marriage to a U.S. Citizen: You must be legally married to a U.S. citizen as of June 17, 2024. Ensure you have your marriage license and other supporting documents ready.
3. Eligibility for a Green Card: This includes not having certain inadmissibility issues such as a criminal record, fraud, or previous immigration violations. Each case will be assessed individually.
Preparing for the Application
Start preparing now by gathering your documentation. If you meet the requirements, you will need to submit an application package to the Department of Homeland Security. While the specifics of the application process are still being finalized, it is likely to involve submitting Form I-131 for Parole in Place.
Additional Pathways to Green Cards in 2024
While today's announcement provides a new avenue, it's important to be aware of other common pathways to obtaining a green card in 2024:
1. Asylum: File and win an asylum case, then apply for a green card after one year.
2. U Visa: For victims of crimes in the U.S. who cooperate with law enforcement, leading to a green card after several years.
3. VAWA: For victims of domestic violence by a U.S. citizen or green card holder, leading to a quicker path to a green card.
4. Cancellation of Removal: For those in immigration court with a U.S. citizen or green card holding family member facing exceptional hardship if deported.
5. Marriage-Based Green Card: Directly through marriage to a U.S. citizen, possibly requiring waivers for certain inadmissibilities.
6. 21-Year-Old U.S. Citizen Child: Parents can apply for a green card through their child if they meet certain criteria.
7. Military-Based Options: Parole in place for spouses or children of U.S. military members.
Taking Action
If you think you might be eligible for this new pathway, now is the time to act. Gather your documents, ensure your eligibility, and consult with an immigration attorney to navigate the application process. At Landerholm Immigration, APC, we are here to help you every step of the way.
Stay Informed and Empowered
We will continue to provide updates as more information becomes available. Subscribe to our YouTube channel and follow us on social media to stay informed. If you have any questions or need assistance with your immigration case, please give our office a call. We are here to support you in achieving your American Dream.
Conclusion
Today's announcement is a significant step forward for many immigrant families. While it won't help everyone, it provides a new opportunity for those who meet the criteria. Keep your eyes open for opportunities, stay informed, and take action when the time is right.
Thank you for joining us today. I'm Otis Landerholm, and we are here to fight for your American Dream. Make it a great day and take care.
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Frequently Asked Questions (FAQs)
Q1: What if I don't have exactly 10 years of physical presence?
- Unfortunately, the requirement is strict. You need to have 10 years of physical presence as of June 17, 2024.
Q2: What happens if my application is denied?
- If denied, you may need to explore other pathways such as asylum, U Visa, or VAWA. Consult with an immigration attorney to understand your options.
Q3: Can this new pathway benefit U Visa applicants?
- Yes, if the U Visa applicant has 10 years of physical presence and is married to a U.S. citizen, they may benefit from this new pathway.
Q4: What if a lawsuit is filed against this new measure?
- There is a possibility of legal challenges, similar to what happened with DACA. We will monitor the situation and provide updates.
Q5: How can I stay updated on this new pathway and other immigration news?
- Subscribe to our YouTube channel and follow us on social media. We will post updates and detailed information as it becomes available.
We have an entire video dedicated to this right here: President Biden Announces New Actions to Keep Families Together - YouTube