DHS Announces New Process to Promote the Unity and Stability of Families

In a significant step towards promoting family unity within the immigration process, the Department of Homeland Security (DHS) has unveiled new actions aligned with the Biden-Harris Administration’s commitment to keeping families together. While these actions utilize existing authorities to foster family unity, it is imperative to note that only Congress can fully address and rectify the broken immigration system.

Current Challenges in Family Immigration 

Under the current immigration law, noncitizens married to U.S. citizens can apply for lawful permanent residence (a green card) through their marriage. However, many noncitizens must first leave the United States to be processed abroad. This requirement results in prolonged, and often indefinite, periods of separation from their U.S. citizen family members, causing significant hardship and uncertainty. These families live in constant fear and face deep concerns about their future.

New Process to Support Family Unity

To address these challenges, DHS has established a new process to consider, on a case-by-case basis, requests from certain noncitizen spouses of U.S. citizens. This process will be available to those who have lived in the United States for at least 10 years, do not pose a threat to public safety or national security, are eligible to apply for adjustment of status, and merit a favorable exercise of discretion. If eligible, these noncitizens can apply for lawful permanent residence without leaving the United States.

Key Eligibility Criteria:

1. Presence in the U.S.: Applicants must be present in the United States without admission or parole.
2. Continuous Residence: Applicants must have been continuously present in the United States for at least 10 years as of June 17, 2024.
3. Marital Status: Applicants must be legally married to a U.S. citizen as of June 17, 2024.
4. Security and Safety: Applicants must have no disqualifying criminal history and must not pose a threat to national security or public safety.

DHS estimates that approximately 500,000 noncitizen spouses of U.S. citizens could benefit from this new process, with an average residency in the United States of 23 years. Additionally, around 50,000 children of these spouses will also be eligible for this process.

Ineligibility and Enforcement:

Noncitizens who pose a threat to national security or public safety will not be eligible. DHS will continue to detain, remove, or refer these individuals to other federal agencies for further vetting, investigation, or prosecution as appropriate.

Expanding Family Unity Efforts

These actions build upon unprecedented steps taken by the Biden-Harris Administration to strengthen family unity, including:

• Implementing family reunification parole processes for nationals of Colombia, El Salvador, Guatemala, Honduras, and Ecuador.
• Updating and modernizing Cuban and Haitian family reunification parole processes.
• Leading the Family Reunification Task Force, which has successfully reunited nearly 800 children with their families who were previously separated.
• Establishing country-specific parole processes for certain nationals of Cuba, Haiti, Nicaragua, and Venezuela (CHNV) with U.S.-based supporters.

Application Process 

Steps to Apply:

1. Eligibility: Ensure all eligibility criteria are met, including continuous presence in the U.S. for at least 10 years and a legally valid marriage to a U.S. citizen as of June 17, 2024.
2. Parole for Children: Noncitizen children of eligible applicants may also be considered for parole if they meet the necessary criteria.
3. Filing: Submit a form with the U.S. Citizenship and Immigration Services (USCIS) along with supporting documentation and a fee.

Review and Decision

Upon receiving a properly filed parole-in-place request, USCIS will evaluate each application on a case-by-case basis. The review will consider:

• Previous immigration history
• Criminal history
• Results of background checks
• National security and public safety vetting
• Any other relevant information available or requested by USCIS

USCIS has stringent processes to identify and address potential fraud, ensuring the integrity of this program.

Timeline

Further details regarding eligibility and the application process will be published soon, including a notice in the Federal Register. USCIS will begin accepting applications later this summer, and any filings received before the official start date will be rejected.

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The new DHS policy represents a pivotal step towards promoting family unity and stability among immigrant families. By allowing eligible noncitizen spouses of U.S. citizens to apply for lawful permanent residence without leaving the country, DHS is addressing a significant source of hardship and uncertainty. This initiative, along with other family reunification efforts, underscores the Biden-Harris Administration’s dedication to humane and just immigration policies.

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