Federal Immigration Policy Updates
Updated 06-26-24
On June 18, 2024, the White House announced two measures on June 18 -- parole in place for some undocumented spouses of US citizens, and another regarding access to temporary work visas for DACA recipients.
While this announcement is a positive step, the President and Congress must do more to protect all 11 million undocumented residents in the US. ICIRR and our members have been organizing for a pathway to legalization for all, and remain committed to that goal.
Learn more about spousal parole in place and DACA waivers below (NOTE: Information is subject to change). To receive updates about federal immigration and take action in the future, join our newsletter.
Requirements
To qualify for parole in place, you must have:
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Entered the US without inspection or parole, that is, did not enter the US on a visa or with status
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Been present in the US for 10 years as of 6/17/2024, that is, entered the US on or
before 6/17/2014 -
Been married to a US citizen as of 6/17/2024
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No "disqualifying criminal history" or "threat to national security or public safety"
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Warrant favorable exercise of discretion
Applications will be considered case-by-case.
Benefits
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People who are approved will get a three-year parole, during which they qualify for work permits and would need to file for lawful permanent resident status.
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Parole will qualify undocumented spouses who entered without a visa or other inspection to apply for green cards without leaving the US (as they would otherwise be required to do, triggering a 3- to 10-year reentry bar).
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NOTE: Parole will NOT waive any other bars that could block someone getting a green card (such as those involving criminal convictions, false claims to citizenship, and document fraud).
Details We Still Need
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We do not have details regarding the process: forms, fees, when the application process will start.
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It is not clear whether this will be a departmental memo or regulation. A regulation would require posting and comments but could take effect during the comment period.
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We do not know whether there will be a time gap between when DHS will announce more formal details (by memo or regulation) and when they will start accepting applications.
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It is likely that the state of Texas or other parties will file a lawsuit seeking to block these changes sometime after they are formally announced, possibly before they take effect.
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The White House also announced a new procedure to enable certain DACA recipients and other undocumented people who have graduated from college to more readily qualify for temporary work visas.
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This procedure involves an existing waiver (the (d) (3) waiver) that allows people applying for visas at a consulate to enter the US despite previous time in the US out of status.
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The State Department and the Department of Homeland Security will develop guidelines to clarify who qualifies for(d) (3) waivers and how to apply for them.
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Again, we have no further details regarding the waiver process. The State Department and Homeland Security should be issuing further regulations or other guidance in the near future.
Please note, there is nothing to apply for yet, as of June 18.
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While you should start compiling documentation regarding your time in the US, your marriage, and any criminal history, you should not till out or file any forms until the official process is announced by the Department of Homeland Security.
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Check with an attorney, accredited legal worker, or ICIRR New Americans Initiative partner (if you live in Illinois) regarding whether you might qualify for this relief or some other immigration benefit.
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Please note that until DHS announces additional details, attorneys and legal workers will not have further information regarding this program, but they may still be able to assess your possible eligibility for parole in place.
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Do not fall for scams: Do not believe or give money or documents to anyone who says they can "save a place in line" or otherwise help you fill out an application.