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Today, President Biden issued an executive order allowing certain immigrants to apply for permanent residence without having to leave the United States. The order will also allow certain recipients of relief under the Deferred Action for Childhood Arrivals, DACA, to apply for certain work visas. This order is a step in the right direction and should help numerous immigrants attain legal status without risking separation from their loved ones. In this entry we will discuss the current system, explain the new system, and give you some pointers on how to take advantage of the program.
The Current Process:
Currently, a person who made an irregular entry into the United States, is ineligible for permanent resident without having to leave the United States. Usually, a spouse of a United States citizen could apply for an immigrant petition, form I-130, but then will have to apply for a waiver before leaving the United States. Once that waiver is approved, the immigrant will have to leave the United States to cure the irregular entry and gain permanent residence.
The current system has a major flaw, it is much harder to come back to the United States if the immigrant visa is denied, making family separation a real threat. The other flaw is the long processing times. This process could take more than 4 years in some instances, time that the immigrant must spend in the United States without the ability to work, facing the real danger of being removed from the United States. These flaws make many of our clients hesitant to use the current system, because of the real danger that they might be able to come back to the United States.
The Proposed Process:
The process that President Biden proposed today eliminates the danger of family separation. By allowing immigrants to cure their entry here in the United States, the President will be helping thousands of families.
Under the proposed program, an immigrant who made an irregular entry, at least ten years ago, and who are married to a United States citizens will be able to cure their previous entry by applying for a program called Parole-in-Place. That same program is currently used to help undocumented spouses of members of the armed forces cure their previous irregular entry. The program has been used successfully for more than 10 years, as the President mentioned in his press conference announcing the program.
The application process is straightforward. The immigrant will file for Parole-in-place with the Department of Homeland Security. Once that application is approved, the irregular entry would be cured, and the immigrant will be able to apply for permanent residence in the United States. They will also be able to apply for work authorization, which would help their families financially.
Beware of Immigration Scams:
The program will not go in force until the end of the summer. Please beware of anyone who will call you to apply for the program before it is established. Please hire a qualified immigration attorney, like our founder Ahmad Yakzan, who will help you determine if you qualify for the program.
Contact us today to schedule a consultation with our office.