Today, President Biden announced executive actions that will allow certain noncitizen spouses and children of U.S. citizens to obtain work authorization and legal permanent resident (LPR) status and provide eligible Deferred Action for Childhood Arrivals (DACA) recipients and other Dreamers with a path to receive a work visa.

In order for certain noncitizen spouses and children of U.S. citizens to obtain work authorization and permanent resident status, the noncitizen spouse must:

• Be present in the United States without admission or parole;
• Have resided in the U.S. for 10 or more years as of June 17, 2024;
• Be legally married to a U.S. citizen as of June 17, 2024; and
• Satisfy all applicable legal requirements.

In addition, individuals must have no disqualifying criminal history or otherwise constitute a threat to national security or public safety and should otherwise merit a favorable exercise of discretion.

Noncitizen children may be eligible for benefits through their parent if they are also 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.

Eligible noncitizens will be provided a three-year period to apply for permanent residency and will be permitted to remain in the U.S. and eligible for work authorization for up to three years. According to the Department of Homeland Security (DHS), further information regarding eligibility and the application process, including a notice in the Federal Register, will be published in the near future.

It is anticipated that this action will change the lives of approximately 500,000 spouses of U.S. citizens, and approximately 50,000 noncitizen children under the age of 21 whose parent is married to a U.S. citizen.

In addition, the Administration is taking action to facilitate the work visa process for DACA recipients and other Dreamers who have earned a degree at an accredited institution of higher education in the U.S., and who have received an offer of employment from a U.S. employer in a field related to their degree.

For more information, please see the announcement from President Biden issued today: https://www.whitehouse.gov/briefing-room/statements-releases/2024/06/18/fact-sheet-president-biden-announces-new-actions-to-keep-families-together/

We will be closely monitoring future guidance regarding this exciting new benefit for undocumented immigrants in the U.S. If you have any questions regarding eligibility for this process, please reach out to the immigration attorneys at Ryan Swanson.