On June 18, 2024, President Joe Biden announced a series of immigration actions by using an Executive Order (“EO”). The EO, formally known as Parole-in-Place, are designed to help certain undocumented aliens obtain lawful presence within the United States.  It consists of the following:

  1. Spouses and children of U.S. citizens who have been living in the United States for at least ten (10) years. 

These individuals may be eligible for lawful permanent residency if, as of June 17, 2024:

  • Are inside the United States after entering illegally;
  • Spent 10 consecutive, uninterrupted years in the United States;
  • Married to a U.S. citizen or have a qualifying step-parent/step-child relationship with a U.S. citizen and;
  • Do not have a certain criminal history or pose a threat to national security or public safety.

If the person meets these requirements, he or she may be eligible for parole-in-place. Parole would be granted for a one-time period of three (3) years and the person may also be eligible for employment authorization for up to three years. If granted parole, the person may apply to become a lawful permanent resident within 3 years of approval. 

Eligibility for this benefit will be determined on a case-by-case basis. 

  1. College Educated DACA Recipients and Dreamers who are qualified for nonimmigrant status including H-1B Specialty Occupations. 

These individuals may be eligible for a nonimmigrant visa if they:

  • Have a degree from an accredited U.S. college or university;
  • Have received an employment offer from a U.S. employer in a field related to your degree.

While the EO offers promise to those who qualify, it is important to note that these programs have not started. 

Applicants who apply early for these benefits will be rejected. It is also important to note that these programs may be challenged in federal courts and could delay implementation or prevent the program from starting.

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Copyright 2024. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.