Use this page to find information on the June 18, 2024, announcement regarding a new process for certain noncitizen spouses of U.S. citizens to apply for lawful permanent residence without having to leave the United States.
On June 18, DHS provided the following information:
DHS will establish a new process to consider, on a case-by-case basis, requests for certain noncitizen spouses of U.S. citizens:
- who have lived in the United States for 10 years or more.
- do not pose a threat to public safety or national security.
- are otherwise eligible to apply for adjustment of status.
- and merit a favorable exercise of discretion.
If eligible, these noncitizens will be able to apply for lawful permanent residence without leaving the United States.
DHS estimates that approximately 500,000 noncitizen spouses of U.S. citizens could be eligible to access this process; on average, these noncitizens have resided in the United States for 23 years. Approximately 50,000 children of these spouses also will be eligible for this process.
Note that noncitizens who pose a threat to national security or public safety will not be eligible for this process. If a noncitizen poses a threat to national security or public safety, DHS will detain, remove, or refer them to other federal agencies for further vetting, investigation, or prosecution as appropriate.
Eligibility and Process
To be considered on a case-by-case basis for this process, an individual must:
- Be present in the United States without admission or parole;
- Have been continuously present in the United States for at least 10 years as of June 17, 2024; and
- Have a legally valid marriage to a U.S. citizen as of June 17, 2024.
In addition, individuals must have no disqualifying criminal history or otherwise constitute a threat to national security or public safety and should otherwise merit a favorable exercise of discretion.
Noncitizen children of potential requestors may also be considered for parole under this process if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship with a U.S. citizen as of June 17, 2024.
Upon receipt of a properly filed parole-in-place request, USCIS will determine on a case-by-case basis whether a grant of parole is warranted and whether the applicant merits a favorable exercise of discretion. All requests will take into consideration the potential requestor’s previous immigration history, criminal history, the results of background checks and national security and public safety vetting, and any other relevant information available to or requested by USCIS. USCIS has strong processes in place to identify and address potential fraud, which will be applied here to ensure the integrity of this program.
A Federal Register notice will be published that outlines the specific steps to be considered under this program. To be considered, an individual must file a form with USCIS along with supporting documentation to show they meet the requirements and pay a fee.
Further information regarding eligibility and the application process, including a notice in the Federal Register, will be published soon.USCIS will reject any filings or individual requests received before the application period begins later this summer.
Client Flyer: What Is the Affirmative Relief Announcement?
AILA provides a client flyer on President Biden's June 18, 2024, announcements to help certain undocumented individuals in the United States. There are English and Spanish versions of a generic PDF and a customizable Word version. Please share widely with your networks to help get the word out that it is important for individuals seeking immigration advice to speak with a qualified immigration attorney and to be aware of notarios.
Share the Client Flyers
Agency Guidance and Announcements
- USCIS Information and Guidance: Process to Promote the Unity and Stability of Families
Including:- Eligibility and Process
- Protect Yourself from Immigration Scams
- Key Questions and Answers
- DOS Issues Guidance on Easing the Nonimmigrant Visa Process for U.S. College Graduates
- Statement of Secretary of Homeland Security Alejandro N. Mayorkas on the Biden-Harris Administration’s Actions to Keep American Families Together - June 18, 2024
- Fact Sheet: President Biden Announces New Actions to Keep Families Together - June 18, 2024
- Fact Sheet: DHS Announces New Process to Promote the Unity and Stability of Families - June 18, 2024
AILA Statements
- AILA Applauds Announcement of Life-Changing Protections for Undocumented Spouses of U.S. Citizens and Dreamers
Practice Resources
- National Immigration Forum: D-3 Waivers for the Three- and Ten-Year Bars of Dreamers
- Immigration Impact: Biden Announces Immigration Protections for Up to 550,000 Spouses and Children of US Citizens
- American Immigration Council Fact Sheet: The Biden Administration’s Parole-In-Place Announcement: Helping Mixed-Status Families Stay Together and Avoid Bureaucratic Traps
- Navigating the Surge in Client Calls on New Parole-in-Place Rules
AILA Products
- AILA Waivers Online Course
- The Waivers Book: Strategies for Overcoming Inadmissibility, Removability, and Other Barriers to Immigration Benefits
Media Coverage
- Forbes: DACA Recipients Could Gain H-1B Visas Under New Immigration Policy - June 19, 2024
- New York Times: Small Step Could Bring Big Relief to Young Undocumented Immigrants - June 18, 2024
- Washington Post: Biden to waive penalties for undocumented spouses of U.S. citizens - June 18, 2024
- PBS NewsHour: Exclusive: Biden expected to announce protections for certain undocumented immigrants - June 13, 2024
- Associated Press: White House preps ‘dreamers’ celebration while President Biden eyes new benefits for immigrants - June 13, 2024
- NBC News: Biden administration is considering protecting undocumented immigrants who are married to citizens - June 10, 2024
