US president Joe Biden has announced measures aimed at providing immigration relief to non-citizen spouses and children of its nationals.
Who is eligible?
Under the updated policy, numerous spouses currently residing in the US without legal status can now seek lawful permanent residence without needing to leave the country, with an opportunity for eventual citizenship. However, it is important to note that this does not guarantee automatic approval.
What are eligibility requirements?
To qualify, individuals must have lived in the US for a minimum of 10 years, demonstrate no security threats, and have been married before June 17, 2024. Applications will be reviewed individually by the Department of Homeland Security, as outlined in a fact sheet detailing the policy. Eligible immigrant spouses must not have previously been admitted or paroled into the US.
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According to President Biden’s announcement, applicants will undergo scrutiny of their immigration and criminal histories, as well as potential fraud.
Upon approval by Homeland Security, the White House explained that individuals would have three years to apply for permanent residency and could receive work authorisation for the same period.
Recent announcements will allow individuals, including DACA recipients and other Dreamers, who have successfully obtained a degree from an accredited US institution of higher education and have received a job offer from a US employer in a field relevant to their degree, to expedite the process of obtaining work visas.
This measure will provide protection to about 500,000 spouses of US citizens and approximately 50,000 children under 21 years old who have a parent married to a U.S. citizen.