New DHS Policy: Keeping Families Together with In-Country Residency for Noncitizen Spouses
Overview
On June 18, 2024, the Department of Homeland Security (DHS) introduced a new process to support family unity in the immigration system, aligning with President Biden’s commitment. This initiative focuses on allowing certain noncitizen spouses of U.S. citizens to apply for lawful permanent residence without leaving the United States.
Eligibility Criteria
To qualify, noncitizen spouses must:
Have been continuously physically present in the U.S. without admission or parole for at least ten years.
Have no disqualifying criminal convictions.
Not pose a threat to national security or public safety and pass all required vetting.
Be eligible to apply for adjustment of status.
Merit a favorable exercise of discretion.
Key Details
Application Process: Eligible noncitizen spouses can apply for lawful permanent residence without the need to be processed overseas by a U.S. consulate.
Estimates: DHS estimates that around 500,000 noncitizen spouses and 50,000 of their children could benefit from this process. On average, these noncitizens have been residing in the U.S. for 23 years.
Upcoming Information: Detailed information regarding the application process, including the required fee, will be available in an upcoming Federal Register Notice.
Early Filings: USCIS will reject any applications received before the official publication of the Federal Register Notice.
Further Information
For more details, refer to the DHS Fact Sheet: DHS Announces New Process to Promote the Unity and Stability of Families -https://www.dhs.gov/news/2024/06/17/fact-sheet-dhs-announces-new-process-promote-unity-and-stability-families. This new initiative represents a significant step towards promoting the unity and stability of families within the U.S. immigration system.
About Us
The Law Office of Nicholas J. Mireles, APC is an experienced Los Angeles-based U.S. Immigration Law firm practicing since 2013. Our background makes us uniquely well suited to help you with any issue relating to your immigration status.
We are happy to provide free initial consultations for any and all immigration matters, including seeking second opinions for those already represented.
Law Office of Nicholas J. Mireles, APC
411 West 7th St. Ste 310
Los Angeles, CA 90014
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