On June 17, 2024, the Department of Homeland Security (DHS) announced certain actions to promote family unity in the immigration process, echoed by the White House on June 18. The White House and DHS’s announcements offer preliminary information on two new programs: a new pathway for undocumented spouses of U.S. citizens to obtain permanent residence, and a program to ease the employment visa process for DACA recipients who have a U.S. degree and a job offer.
Under current law, in order to apply for a green card, many undocumented spouses of U.S. citizens must first depart the United States and wait to be processed abroad. The new program would establish a process for eligible individuals to be able to apply for a green card without having to leave the United States, allowing DHS to consider requests for certain undocumented spouses of U.S. citizens who: have lived in the United States for at least 10 years; 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.
To be eligible for the new program, 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; and
Have a legally valid marriage to a U.S. citizen as of June 17, 2024.
In addition, undocumented children of potential requestors may be eligible 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. DHS estimates that about 500,000 undocumented spouses of U.S. citizens could be eligible for the new process, as well as about 50,000 children of these spouses. DHS will consider requests from eligible individuals on a case-by-case basis.
In addition, DHS and the Department of State (DOS) will join efforts to facilitate certain employment-based nonimmigrant visas for DACA recipients and other Dreamers who have earned a U.S. degree and who have received a job offer from a U.S. employer in a field related to their degree. The White House and DHS announcements will allow these individuals to more quickly receive work visas, like H-1B visas and others.
Further information on the new programs and application processes is expected in the coming weeks. D&S is closely monitoring and will provide updates as they become available.
Please note that the above is for informational purposes only and does not constitute legal advice. For specific questions about how the White House and DHS announcements may affect your specific circumstances, please contact your team at D&S.