The Department of Homeland Security (DHS) has announced new actions to promote family unity in the immigration process, in line with the Biden-Harris Administration's commitment to keeping families together. Although these actions use existing authorities, comprehensive immigration reform remains in the hands of Congress. 

Key Changes to Promote Family Unity 

Under current immigration laws, noncitizens married to U.S. citizens can apply for lawful permanent residence. However, many must first leave the United States and wait abroad to be processed, leading to prolonged and indefinite separations from their families. This situation causes tremendous difficulty and uncertainty for many of them. 

To address this issue, DHS will introduce a new process to consider, on a case-by-case basis, applications from non-citizen spouses of U.S. citizens who have lived in the U.S. for ten years or more do not pose a threat to public safety. or national, and are eligible for adjustment of status. If eligible, these individuals will be able to apply for lawful permanent residence without having to leave the United States. Approximately 500,000 non-citizen spouses and 50,000 children could benefit from this process. 

Noncitizens who pose a threat to national or public security will not be eligible and may face detention, deportation, or referral to other federal agencies for further investigation or action. 

Additional Family Unity Measures 

These actions build on the Biden-Harris Administration's previous efforts, including: 

• Implement temporary stay permit processes for family reunification for nationals of several countries: Colombia, El Salvador, Guatemala, Honduras and Ecuador. 
• Update the temporary stay permit processes for Cuban and Haitian family reunification. 
• Lead the Family Reunification Task Force, which has reunited nearly 800 separated children with their families. 
• Establish temporary stay permit processes for nationals of Cuba, Haiti, Nicaragua and Venezuela with sponsors in the US. 

Eligibility and Application Process 

To be considered for this new process, individuals must: 

• Be present in the United States without admission or temporary residence permit. 
• Have been continuously present in the US for at least 10 years as of June 17, 2024. 
• Be legally married to a US citizen as of June 17, 2024. 
• Not have a disqualifying criminal record or represent a threat to national or public security. 

Non-citizen children of eligible individuals may also be considered if they meet certain criteria. 

Applicants must file a form with USCIS, provide supporting documentation, and pay a fee. USCIS will evaluate applications on a case-by-case basis, considering immigration history, criminal history, and other relevant information. 

Facilitation of Employment-Based Visas 

Working with the Department of State, DHS will also expedite the process for certain employment-based nonimmigrant visas for eligible individuals, including DACA recipients and undocumented noncitizens who have graduated from accredited higher education institutions in the U.S. This policy is intended to give American employers the confidence to quickly hire the talent they need. 

Important Note 

The application period for these benefits has not yet been announced. USCIS will reject applications submitted before the official start date, so communities should be wary of people who promise to file prematurely. 

IACO is attentive to more updates and detailed information on the DHS and USCIS application process to inform the immigrant community.