Biden Immigration Policy 2024

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PLEASE REFER TO OUR UPDATED GUIDE: KEEPING FAMILIES TOGETHER 2024

Introduction

On June 18, 2024, President Joe Biden unveiled a transformative set of immigration measures known as the Affirmative Relief Announcement. This significant new Biden immigration policy in 2024, Keeping Families Together, utilizes existing immigration laws to offer crucial relief to certain groups of undocumented individuals living in the United States. The primary beneficiaries of this initiative are the undocumented spouses and stepchildren of U.S. citizens, as well as college-educated DACA recipients and Dreamers. This comprehensive guide will thoroughly examine the details of these new immigration actions, their eligibility criteria, and their potential impacts on affected individuals and their families. Act now to secure your future by contacting our experienced immigration lawyers today.

Background

The Affirmative Relief Announcement comes at a crucial time when many undocumented individuals are facing significant hurdles in obtaining legal status in the United States. These new measures are designed to address some of the long-standing issues in the immigration system, offering a more accessible pathway to lawful status for those who meet specific criteria. This is a significant step towards a more inclusive and fair immigration system.

Why You Need to Act Now

With the potential for legal challenges and policy changes, it's essential to be prepared to apply as soon as the process opens. Delays could jeopardize your opportunity to secure legal status. Schedule a strategy session with our experienced immigration lawyers today to ensure you are ready to act as soon as applications open.

Eligibility Criteria for Undocumented Spouses and Stepchildren of U.S. Citizens

Under the new actions, certain undocumented spouses and stepchildren of U.S. citizens living in the United States for at least ten years may be eligible to apply for their green card without leaving the country. To qualify, individuals must meet the following conditions as of June 17, 2024:

· Be in the United States after entering without permission.

· Have lived in the United States continuously for at least ten years.

· Be legally married to a U.S. citizen or have a qualifying stepchild relationship with a U.S. citizen.

· Have no disqualifying criminal history and pose no threat to national security or public safety.

Undocumented stepchildren of U.S. citizens may also qualify for Keeping Families Together parole in place if they are physically present in the United States and have a qualifying stepchild relationship with a U.S. citizen as of June 17, 2024. Ten-year physical presence in the United States is not required for stepchildren.

Upon receipt of a properly filed parole-in-place request, USCIS will determine on a case-by-case basis whether a grant of parole is warranted. This includes reviewing the applicant's immigration and criminal history, background checks, and other relevant information.

Parole-In-Place Details

Parole-in-place (PIP) is a process that allows certain noncitizens to be granted temporary permission to stay in the United States. Under the new program, eligible individuals may be granted PIP under Keeping Families Together for a one-time period of three years, during which they may also be eligible for employment authorization.

Process and Timeline

To apply for PIP, individuals must submit a request to the U.S. Citizenship and Immigration Services (USCIS). The application process involves providing evidence of eligibility, such as proof of continuous residence and marital status, and undergoing background checks. The government anticipates releasing detailed instructions and forms through a Federal Register notice by the end of the summer. It's important to note that early-filed applications will be rejected, so applicants should wait for the official guidelines before submitting their requests.

Employment Authorization

Those granted PIP may also be eligible for employment authorization for up to three years. This work permit will allow them to seek legal employment in the United States, providing financial stability while they await their green card applications.

Case-by-Case Basis

USCIS will determine eligibility for PIP under Keeping Families Together on a case-by-case basis. Each application will be individually assessed, considering factors such as the applicant's immigration history, criminal record, and overall eligibility. This approach ensures that only those who meet all the criteria and merit a favorable exercise of discretion will be approved.

IMPACT ON DACA RECIPIENTS AND DREAMERS

In addition to the measures for spouses and children of U.S. citizens, the announcement also includes provisions for college-educated DACA recipients and Dreamers. These individuals may be eligible to apply for temporary visas, such as the H-1B specialty occupation visa if they have a degree from an accredited U.S. institution and a job offer from a U.S. employer in a field related to their degree. 

Legal and Safety Considerations

Potential applicants must be cautious and avoid falling victim to fraudulent services. Notariosand other unqualified consultants may promise quick results, but their advice can jeopardize an individual's chances of obtaining lawful status. Seeking help from a licensed immigration attorney is highly recommended to ensure that applications are correctly prepared and submitted. Contact us to avoid scams and secure professional legal assistance.

Potential Legal Challenges

The new immigration actions could face legal challenges, affecting their implementation. Applicants must stay informed about legal developments and consult with qualified attorneys to navigate potential obstacles. Bookmark this page to remain updated.

Information Regarding Parole-In-Place

On June 18, the Department of Homeland Security (DHS) provided additional details about the new parole-in-place process. DHS estimates that approximately 500,000 noncitizen spouses of U.S. citizens who have resided in the United States for an average of 23 years could be eligible for this process. An additional 50,000 children of these spouses may also qualify.

Updates for DACA Recipients and Dreamers

The announcement also brings positive news for DACA recipients and other Dreamers. Individuals who have earned a degree from an accredited U.S. institution and have an employment offer from a U.S. employer in a related field may find it easier to obtain temporary work visas (such as an H-1B visa, TN visa, etc.). The Department of State will provide further guidance on this process in the coming weeks. 

Applying for the Program

Potential applicants should take proactive steps to determine their eligibility and prepare their applications. This includes gathering necessary documents, such as marriage certificates and proof of continuous residence, and consulting with experienced immigration attorneys. To prevent rejection, it's crucial to avoid submitting applications before the official guidelines are released. Contact our law firm today to schedule a consultation and ensure you are fully prepared when the application window opens.

Why Choose Our Law Firm?

· Top-Rated Immigration Lawyers: Awarded Best Phoenix Immigration Lawyers, Best Immigration Lawyers in Scottsdale, and Best Immigration Lawyers in Glendale. Our immigration lawyers service clients in Arizona, including Phoenix, Scottsdale, Mesa, Glendale, and Tucson, as well as clients worldwide.

· Bilingual Services: Our immigration lawyers speak Spanish, ensuring clear communication.

· Extensive Experience: Each attorney has over 20 years of immigration law experience.

· Top Law Schools: Each attorney attended a top U.S. law school. 

· Specialized Expertise: Ms. Lilia Alcaraz leads our immigration team on the new Biden Immigration Policy. Ms. Alcaraz has been certified as a specialist in immigration and nationality law by the State Bar of California. In 2024, she was a national speaker with the American Immigration Lawyers Association (AILA) on strategies for DACA recipients. 

· Licensed in Arizona and California: Our attorneys are licensed by the State Bar of Arizona. They represent clients virtually throughout the world using advanced technology. 

· Comprehensive Legal Support: We provide end-to-end support in all areas of immigration law, including employment-based immigration, making us uniquely positioned to help with both employment visas and parole-in-place.

· Business Law Background: Our lawyers' expertise in business law and employment-based immigration law enhances our ability to assist with complex immigration cases. 

Client Testimonials

"Thanks to the expert guidance from Alcaraz Tocchini Law Firm, I was able to secure my green card through marriage. Their professionalism and experience were invaluable." - Maria G.

Steps to Take Immediately

1. Assess Your Eligibility: Review the criteria to determine if you qualify for PIP.

2. Schedule a Consultation: Contact our experienced immigration lawyers to ensure you are prepared to apply.

3. Gather Documentation: Collect all necessary documents, such as marriage certificates and proof of residency.

4. Order your Immigration and Criminal Records: To be prepared, request your immigration records from government agencies and relevant courts, if applicable. 

5. Stay Informed: Keep up to date with any changes in the policy or application process. Bookmark this webpage to stay informed. 

Important Information to Remember

· Do Not Submit Early: Applications submitted before the official opening date will be rejected.

· Be Patient: Wait for the official application process to open before submitting any forms.

· Avoid Scams: Only seek help from qualified and licensed immigration lawyers. Make sure the lawyers are licensed by a state bar that licenses lawyers to practice law. Also, the lawyer should be a member of the American Immigration Lawyers Association (AILA). 

Contact Us

Act Now to secure your future by scheduling a strategy session with our experienced immigration lawyers. Contact us today to prepare your application and ensure your eligibility for the new Biden immigration policy.

Conclusion

The new Biden immigration policy presents a significant opportunity for undocumented spouses of U.S. citizens and DACA recipients. By following this comprehensive guide and seeking professional legal assistance, you can navigate the process effectively and secure your future in the United States. Don't wait—get the expert legal help you need now.

FAQs

1. When will the application process for parole-in-place begin?

· The application process is expected to begin later this summer. Detailed instructions and forms will be released through a Federal Register notice.

2. Can I apply for parole-in-place if I have a criminal record?

· Individuals with disqualifying criminal histories will not be eligible for parole-in-place. It's essential to consult with an attorney to assess your specific situation.

3. What is the duration of the employment authorization under parole-in-place?

· Employment authorization granted under parole-in-place will be valid for up to three years.

4. Are DACA recipients eligible for the new temporary visa provisions?

· Yes, college-educated DACA recipients with a degree from an accredited U.S. institution and a job offer from a U.S. employer in a related field may be eligible for temporary work visas.

5. How can I avoid falling victim to fraudulent immigration services?

· To avoid fraud, seek advice from licensed immigration attorneys and verify the credentials of anyone offering assistance. Find the attorney on a state bar website directory. Avoid paying fees to unqualified consultants or notarios.

6. What documents do I need to apply for parole-in-place?

· Necessary documents include proof of continuous residence, marriage certificates, and any other relevant documentation specified in the upcoming Federal Register notice.

7. How can I stay updated on the application process?

· Regularly check the USCIS website, bookmark this webpage, and subscribe to updates from reliable immigration law firms like ours. You can also schedule a strategy session with our experienced attorneys.

8. How do I order my government records through FOIA with USCIS? 

· You may obtain your FOIA for free through USCIS. Follow the instructionshere. However, keep in mind that there are multiple immigration agencies and courts that may have your records. Once you obtain your records, have a lawyer review your records and guide you through the process. Anyone can complete documents to request records. However, only a lawyer may review and provide legal guidance on how the facts in your record(s) affect your immigration case. 

9. How can I verify the credentials of an immigration lawyer? 

· Verify credentials by checking the lawyer's license with the state bar association, reading client reviews, and ensuring they have substantial experience in immigration law. Note that law firm reviews may be fake, especially when you see close to a thousand reviews for an immigration law firm, as many immigration clients are not likely to leave reviews due to privacy issues. Also, immigration lawyers who concentrate their practices solely on immigration law will likely have more expertise than those who handle other legal areas. For example, would you have heart surgery from a medical doctor who concentrates on family medical practice or a heart surgeon? In our opinion, the same principle applies to lawyers. 

10. What are the risks of not consulting an attorney before applying?

· Not consulting an attorney can lead to application errors, missed deadlines, and falling victim to scams, jeopardizing your chance of obtaining legal status.

PLEASE REFER TO OUR UPDATED GUIDE: KEEPING FAMILIES TOGETHER 2024