President Biden announced that Department of Homeland Security (DHS) will roll out two new programs later this summer for certain undocumented immigrants.

ADJUSTMENT OF STATUS: Available for eligible undocumented immigrant spouses and children of U.S. citizens

DHS will consider case-by-case requests for certain non-citizen spouses and children of U.S. citizens to apply for parole without leaving the U.S. For spouses to apply, the non-citizen spouse must satisfy the following criteria:

• Present in U.S. without admission or parole
• Lived in U.S. for at least 10 years as of June 17, 2024
• Legally valid marriage to U.S. citizen as of June 17, 2024
• Do not pose threat to public safety or national security
• Otherwise eligible to apply for adjustment of status
• Merit favorable exercise of discretion.

Importantly, non-citizen children of a potential requestor may also be eligible for parole under this same process outlined above so long as:

• Physically present in U.S. without admission or parole, and
• Qualifying stepchild relationship to U.S. citizen as of June 17, 2024.

Eligible non-citizen spouses and children will first apply with USCIS for case-by-case assessment of parole application. If approved, eligible non-citizen spouses and children of U.S. citizens will be given three-year period to then adjust status and apply for lawful permanent residency, will be permitted to remain in the U.S., and will be eligible for work authorization for up to three years.

EMPLOYMENT-BASED NONIMMIGRANT VISA PROCESS FOR CERTAIN U.S. COLLEGE GRADUATES: DACA recipients and other Dreamers

The Biden Administration also announced changes to the process for DACA recipients and other Dreamers to receive employment-based nonimmigrant visas. To be eligible, individual must have earned degree at accredited U.S. institution of higher education and have received offer of employment from U.S. employer in field related to degree.

Applications for both programs are not yet open and further guidance will be announced soon. Programs are expected to begin later this summer. Individuals who may be eligible should contact Varnum immigration attorneys with any questions.