Qs & As for Biden’s Announcement on June 17, 2024
Q1. What does it do?
A1. It provides deportation protections for undocumented spouses and their children.
It allows those undocumented spouses to obtain work permits. These spouses can then apply for permanent residence status without leaving the United States. And it also eases work visa processes for DACA recipients and dreamers.
Q2. Who is eligible?
A2.1 Spouses who are married to US citizens and have lived in the US for at least 10 years.
A2.2 DACA recipients and undocumented noncitizens who have earned a degree from an accredited university and if they have received a high-skilled job offer in a field aligned with their degree.
Q3. What are the specific requirements?
A3.1. For Spouses-
a. Must NOT have been admitted or paroled into the US.
— Must NOT have entered the US on a Visa, Border Crosser Card, Advance Parole, etc.
b. Have lived in the US since June 17, 2014 or before and are currently present in the US.
c. Are legally married to US citizens on June 17, 2024.
— NOT eligible if married to US citizens before but divorced on June 17, 2024
d. Have NEVER been deported.
e. Do NOT pose a threat to national security or public safety.
f. Have NOT committed certain crimes.
A3.2. DACA recipients and undocumented noncitizens who have earned a degree from an accredited university and if they have received a high-skilled job offer in a field aligned with their degree.
Q4. When can I file?
A4. You may start filing on August 19, 2024, when the application period begins. If you file before August 19, 2024, your application will be rejected.
Q5. What documents are required?
A5. A marriage certificate, all divorce decrees, proof of your presence since 2014 (pay stubs, taxes filed, house leases, medical records, school records, bank statements, utility bills, any documents with your name, address and date), etc.
Q6. Is there anything I can do to get my case ready now so that I can file immediately after the application period begins?
A6. Gather all the documents above in Q5.
Q7. After I file in August 2024, if USCIS issues a notice confirming my eligibility, when can I apply for a Permanent Resident Card (Green Card)?
A7. You have three years to apply for a Green Card.
Q8. Can the undocumented child of a noncitizen spouse covered by this policy also be considered for a grant of parole in place under the process?
A8. Noncitizen children of potential requestors may be considered for parole in place under this process along with their noncitizen parent, if the child is physically present in the United States without admission or parole as of June 17, 2024 and has a qualifying stepchild relationship to a U.S. citizen as of that date. To qualify as a stepchild under the Immigration and Nationality Act, the noncitizen child must be unmarried, under the age of 21, and the marriage of their noncitizen parent and U.S. citizen stepparent must have taken place prior to the child’s 18th birthday.
Q9. If I am approved for parole, when can I apply for an employment authorization document (EAD)?
A9. An individual who is granted parole is immediately eligible to apply for an EAD from USCIS.
Q10. Will I need to submit my Biometrics?
A10. Yes, Biometrics are required.
Q11. Will this program actually go through and become a valid relief as announced?
A11. Republicans will certainly file lawsuits to stop this relief. Consequently, it may be halted in the court system for a long time before it becomes a valid relief, if it will ever do. It may also be blocked by the court even after you file necessary documents, which will prevent your case from moving forward. So, if you have other options such as Advance Parole from DACA or I-601A waiver, you might want to pursue those options without pursuing this relief.
Q12. What if I have questions that were not answered on this page?
A12. Check back here again every week because this page will be updated when USCIS releases more information.
*** Please note that the list of the documents above is by no means complete. Necessary documents vary depending on the specific facts of the case.
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