Breaking Down President Biden’s Affirmative Relief Announcement

Recently, President Biden introduced new measures aimed at easing the immigration process for two key groups. While these reforms may have the potential to transform the lives of many undocumented immigrants in the U.S. and their families, what exactly do these changes entail, and how can they benefit those affected?

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About the authors:
Jennifer Cory
Jeffrey B. Widdison

Transcript

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Recently, President Biden introduced new measures aimed at easing the immigration process for two key groups. While these reforms may have the potential to transform the lives of many undocumented immigrants in the U.S. and their families, what exactly do these changes entail, and how can they benefit those affected?

Today, we're providing an in-depth look at the latest announcement, detailing new pathways for legal immigration status, focusing on college-educated DACA recipients and Dreamers who qualify for nonimmigrant visa status, as well as spouses and children of U.S. citizens who have been living in the U.S. for at least 10 years.

The term "Dreamers" refers to undocumented individuals brought to the U.S. as minors. Raised and educated in the U.S., many of these individuals know little about their countries of origin. In 2012, President Obama introduced DACA - the Deferred Action for Childhood Arrivals program. This program provided work authorization and protection from deportation for many Dreamers, but it fell short of offering a permanent solution.

Biden's new announcement offers preferential treatment in visa applications and minimizes the risk associated with leaving the U.S. to obtain a visa. This makes the transition process smoother and less daunting.

To qualify for these new pathways, Dreamers need to graduate from a U.S. institution of higher education or have skilled labor credentials and seek to work in the U.S. in a field related to their education.

Once these criteria are met, applicants can return to the U.S. in lawful, work-authorized status.

For noncitizen spouses and children of U.S. citizens, obtaining a green card has always been a complicated and lengthy process. One of the biggest hurdles is the 3 or 10 year bar, which often requires leaving the U.S. with no guarantee of return.
President Biden's announcement simplifies this process. Eligible noncitizen family members can now complete the green card process without leaving the U.S., reducing both time and stress for those affected.

To benefit from this new measure, noncitizen family members must have been continuously present in the U.S. for at least 10 years, be legally married to a U.S. citizen or have a qualifying stepchild relationship, and have no significant criminal history or pose a security threat.

Meeting these criteria allows applicants to apply for parole-in-place for a three-year period.

Parole-in-place offers significant benefits, those being employment authorization and the ability to complete the green card process without leaving the U.S., providing a much-needed sense of stability and security for eligible families.
The timeline for the new programs begins with the Department of State updating its Foreign Affairs Manual, which provides guidance for consular officers on a more streamlined visa application process for Dreamers. Following this, the U.S. Citizenship and Immigration Services will start accepting applications from noncitizen family members on August 19th 2024. Any applications submitted before this date will be rejected.

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