Immigration Law Firm - Family Unity and Adjustment of Status
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Promoting Family Unity in Immigration Processes
The Department of Homeland Security (DHS) has announced new measures to promote family unity in the immigration process, aligning with the Biden-Harris Administration’s commitment to keeping families together. These measures are designed to help noncitizen spouses of U.S. citizens apply for lawful permanent residence without the need to leave the United States.
Key Highlights of the New DHS Measures
Eligibility Criteria for Adjustment of Status:
Noncitizen spouses of U.S. citizens who have resided in the United States for 10 years or more.
Individuals who do not pose a threat to public safety or national security.
Applicants must be otherwise eligible to apply for adjustment of status.
DHS estimates that around 500,000 noncitizen spouses and approximately 50,000 children may benefit from this process.
Application Process:
Eligible individuals can apply for lawful permanent residence without departing the United States.
Applicants must file a form with USCIS, provide supporting documentation, and pay a fee.
The process includes a case-by-case determination, considering immigration and criminal history, background checks, and national security vetting.
Eligibility Requirements
To be eligible for the new process, individuals must:
Be present in the United States without admission or parole.
Have continuously resided in the United States for at least 10 years as of June 17, 2024.
Be legally married to a U.S. citizen as of June 17, 2024.
Have no disqualifying criminal history or pose any threat to national security or public safety.
Noncitizen children of eligible spouses can also be considered for parole under this process, provided they are physically present in the United States and have a qualifying stepchild relationship to a U.S. citizen as of June 17, 2024.
Application and Documentation
Individuals seeking parole under this new process will need to:
Submit a form to USCIS with necessary supporting documents.
Pay the required application fee.
Ensure all documentation is submitted correctly to avoid delays or rejections.
USCIS will evaluate each request on a case-by-case basis to determine if parole is warranted and if the applicant merits a favorable exercise of discretion. The evaluation will include comprehensive background checks and considerations of any potential threats to national security or public safety.
Contact Us for Legal Assistance
If you or your loved ones are seeking assistance with the new DHS process for family unity and adjustment of status, contact our immigration law firm today. Our experienced legal team is here to guide you through every step of the process, ensuring that your application is handled with the utmost care and attention to detail.
