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Biden Introduces New Policy to Protect Undocumented Immigrants


White House Introduces New Policy to Protect Immigrants

On June 18, 2024, the Biden-Harris Administration introduced a new immigration policy that will implement sweeping protections for noncitizens and their loved ones in the United States. The new action is expected to protect approximately 500,000 undocumented spouses and 50,000 children of U.S. citizens by permitting eligible individuals to apply for lawful permanent residence without leaving the country, making it one of the most expansive presidential actions to protect immigrants in more than a decade.

In this blog, we’ll review some critical elements of the new immigration policy to help immigrants and their loved ones understand their rights in the U.S.

Biden’s New Immigration Policy: An Overview

Today, there are approximately 1.1 million undocumented immigrants married to U.S. citizens in America. While being married to an American citizen is considered a lawful path to U.S. citizenship, noncitizens who entered the U.S. unlawfully must return to their country of origin to complete the green card process, resulting in extensive and painful separation for many immigrant families.

However, Biden’s new policy is designed to change that. The new immigration policy aims to promote family unity and stability within immigrant communities by extending protections to undocumented spouses and children of U.S. citizens. In addition to simplifying and expediting the application process for eligible individuals, the new policy would:

  • Allow noncitizens to apply for lawful permanent residence without having to leave their families behind in the U.S.;
  • Shield eligible individuals from deportation; and
  • Provide work authorization to those who have resided in the U.S. for at least 10 years.

Who Is Eligible for Benefits Under the New Policy?

Under Biden’s new policy, eligible undocumented individuals can apply for a “parole in place” program that shields them from deportation and provides work authorization if they have resided in the U.S. for at least 10 years. To be eligible for benefits, petitioners must:

  • Be legally married to a U.S. citizen;
  • Have resided in the United States for 10 or more years as of June 17, 2024; and
  • Satisfy all applicable legal requirements, including the lack of a criminal record.

What Happens if My Application Is Approved?

The Department of Homeland Security (DHS) will conduct a case-by-case assessment of each application.If approved, the petitioner will have three years to apply for permanent residency, permitting them to reside with their families in the U.S. and be eligible for work authorization for up to 3 years.

When Can I Apply for Benefits Under the New Policy?

The benefits under the new policy won’t take effect immediately, but the White House has announced its plan to launch the program by the end of the summer. At that time, eligible individuals may apply for benefits.

Will the New Policy Affect “Dreamers” in the DACA Program?

The new immigration policy will also make it easier for employers to sponsor “Dreamers” under the Deferred Action for Childhood Arrivals (DACA) program, which recently celebrated its 12th anniversary. This Obama-era policy has empowered millions of young people to build a successful life and future in the United States. Biden’s new policy is designed to make the process of obtaining a work visa faster and easier for DACA recipients with a degree from an accredited U.S. institution.

Contact Our Chicago Immigration Attorneys

Navigating the complexities of U.S. immigration law can feel like an uphill battle. From long delays and wait times to strict eligibility requirements and the constant fear of deportation, the process to lawful U.S. residence can be daunting and overwhelming for noncitizens and their families. At Milla & Associates, LLC, our immigration attorneys are dedicated to helping immigrants and their loved ones achieve their American dream in Chicago. Our highly skilled advocates provide sound counsel to noncitizens and their loved ones, giving them peace of mind that their rights are protected. With years of experience and a proven track record of results, you can trust our top-rated lawyers to guide your legal steps with wisdom and clarity.

If you require trusted legal counsel for an immigration matter, call our award-winning attorneys at (312) 702-1782 to schedule a consultation. Se habla Español.