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Understanding the New “Parole in Place” Path to U.S. Immigration

In June 2024, United States President Joe Biden made two crucial announcements about executive actions his administration is taking to alleviate the immigration crisis. One of the actions has a name suitable for future federal law: Keeping American Families Together. The other action specifically mentions the Deferred Action for Childhood Arrivals (DACA) program, which President Biden has been accused of neglecting. Both actions can be described as “parole in place” programs, which means they apply to immigrants who have been in the country for a few years. Immigrants in Southern California who think they may be able to benefit from these programs should consult trustworthy attorneys who provide immigration services in San Diego

Let’s take a look at what has been discussed a few weeks after the announcement.

Keeping American Families Together

This action is for undocumented foreigners married to American citizens, and it has a reference date of June 17th, 2024. In essence, an immigrant who has been in the United States for at least 10 years on the reference date and married to a U.S. citizen before that date will be given a work permit plus a three-year “parole in place” period to apply for a green card. The Department of Homeland Security (DHS) estimates 500,000 immigrants would benefit from this action, which can be extended to their children later. They will begin accepting cases on August 19th, 2024.

Many people think getting married to a birthright or naturalized U.S. citizen is a surefire path to immigration, but this is mostly when the K-1 visa program involves would-be brides and grooms applying from abroad. Things are different for foreigners already in the U.S., particularly if their legal status was uncertain when they got married. When this happens, couples fall into an immigration limbo that keeps them from getting deported but excludes them from benefits such as work permits and green cards. A 2023 DHS investigation calculated such couples are together for 23 years on average.

Visas for DACA & DREAM College Graduates

Foreigners who registered for the DACA program and the confusing Development, Relief, and Education for Alien Minors (DREAM) of the Obama era can benefit from a new executive action if they have American college or university degrees. In essence, the White House wants these immigrants to get the equivalent of H-1B visas, which means expedited work permits for three years if they have job offers from employers in the U.S.

While most DACA and DREAM immigrants find ways to work and support their families, many of them do so without work permits. They often take the self-employed route in the gig economy or work as independent contractors. This executive action aims to give qualified “Dreamers” and DACA recipients parole work permits for three years plus the right to apply for legal residency afterward.

As of mid-July 2024, the information above represents all that’s known about these actions, which aren’t expected to face court challenges. The programs must still be formulated and the criteria promulgated along with adequate forms and fees. Nothing has yet been announced in this regard. If you qualify for any of the actions, you can check with an immigration law firm as to when and how to apply. None of these actions require immigrants to leave the U.S. and return after a few years, hence their “parole in place” nature. 

If you need help with any aspect of the immigration process, reach out to the caring, experienced San Diego immigration lawyers at KS Visa Law. From green cards to family immigration to naturalization, we can address all your immigration-related needs. Call us today to schedule an appointment.

September 2024
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