DHS Actions to Promote Family Unity in Immigration Process

DHS Actions to Promote Family Unity in Immigration Process

The Department of Homeland Security (DHS) has announced new actions aimed at promoting family unity within the immigration process, aligning with the Biden-Harris Administration’s commitment to keeping families together. This initiative utilizes existing authorities to support family unity, though broader immigration reform requires congressional action.

Under existing laws, noncitizens married to U.S. citizens may apply for lawful permanent residence through their marriage. However, many must first leave the U.S. and wait abroad for processing, leading to prolonged separations from their families and significant hardship. These families face deep uncertainty and fear about their future due to these separations.

New DHS Process

To address these challenges, DHS is establishing a new process that will consider requests from certain noncitizen spouses of U.S. citizens on a case-by-case basis. Eligible individuals must meet the following criteria:

• Residency: Must have lived in the U.S. continuously for at least 10 years as of June 17, 2024.
• Safety: Must not pose a threat to public safety or national security.
• Marital Status: Must be legally married to a U.S. citizen as of June 17, 2024.
• Eligibility for Adjustment: Must be eligible to apply for adjustment of status.

This process allows eligible noncitizens to apply for lawful permanent residence without leaving the U.S. DHS estimates that approximately 500,000 noncitizen spouses of U.S. citizens, along with about 50,000 of their children, could benefit from this new process. Noncitizens who pose a threat to national security or public safety will not be eligible and may be detained, removed, or referred to other federal agencies for further action.

Biden-Harris Administration’s Efforts

These actions build on several steps already taken by the Biden-Harris Administration to enhance family unity, including:

• Implementing family reunification parole processes for nationals of Colombia, El Salvador, Guatemala, Honduras, and Ecuador.
• Updating the Cuban and Haitian family reunification parole processes.
• Leading the Family Reunification Task Force, which has reunited nearly 800 children with their families.
• Establishing parole processes for certain nationals of Cuba, Haiti, Nicaragua, and Venezuela (CHNV) with U.S.-based supporters.

Eligibility and Application Process

To be considered for this new process, individuals must meet the following requirements:

• Presence: Be present in the U.S. without admission or parole.
• Continuous Presence: Have been continuously present in the U.S. for at least 10 years as of June 17, 2024.
• Marriage: Have a legally valid marriage to a U.S. citizen as of June 17, 2024.
• Safety: Have no disqualifying criminal history or constitute a threat to national security or public safety.

Noncitizen children of eligible spouses may also be considered for parole if they are physically present in the U.S. and have a qualifying stepchild relationship to a U.S. citizen as of June 17, 2024.

Applicants will need to file a form with USCIS, provide supporting documentation, and pay a fee. Further details will be published in an upcoming Federal Register notice. USCIS will reject any filings received before the official start of the application period later this summer. Each case will be evaluated individually, considering the applicant’s immigration history, criminal history, background checks, and other relevant information. USCIS has robust processes to identify and prevent fraud, ensuring the integrity of the program.

Additional Actions

In addition to these measures, DHS will collaborate with the Department of State to streamline the process for certain employment-based nonimmigrant visas. This effort aims to benefit eligible individuals, including Deferred Action for Childhood Arrivals (DACA) recipients and undocumented noncitizens who have graduated from accredited U.S. institutions of higher education. By clarifying and enhancing the existing process, this policy will give U.S. employers increased confidence in hiring needed talent, ensuring these individuals can quickly begin working.

These steps reflect a comprehensive approach to addressing immediate needs within the current immigration framework while highlighting the necessity for broader legislative reforms to fully address systemic issues.

The DHS’s recent actions represent significant steps toward promoting family unity within the U.S. immigration system. By allowing eligible noncitizen spouses of U.S. citizens to apply for lawful permanent residence without leaving the country, the DHS aims to reduce the hardships caused by family separations. These measures, along with ongoing efforts to improve family reunification processes and employment-based visa facilitation, underscore the administration’s commitment to creating a more compassionate and efficient immigration system.

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