What We Know About the Biden Administration's “Process to Promote the Unity and Stability of Families” Program for Undocumented Spouses and Stepchildren of U.S. Citizens.

On June 18, 2024, President Biden announced the Process to Promote the Unity and Stability of Families program, which is aimed at helping certain undocumented spouses and stepchildren of U.S. citizens remain in the country and potentially obtain lawful permanent resident status. This program is expected to benefit up to 550,000 individuals and their families. In particular, this new program, which is similar to Parole-in-Place, a 2013 Obama Administration program, allows for undocumented spouses and step-children of U.S. citizens to be paroled into the U.S., overcome their unlawful entry into the United States and apply for Adjustment of Status.

In general, the U.S. government may provide parole to certain individuals (i.e., for humanitarian or family unity purposes), which is essentially official permission to enter and remain temporarily in the U.S. To be clear, the new Biden administration program does not apply to individuals who entered the U.S. lawfully on a tourist visa or otherwise.

WHAT WE KNOW SO FAR:

Eligibility Criteria for the New Family Unity Program

To be considered for parole under the Process to Promote the Unity and Stability of Families, applicants must meet the following requirements:

Have continuously resided in the United States since June 17, 2014
Be physically present in the United States on June 17, 2024
Have a legally valid marriage to a U.S. citizen as of June 17, 2024
Have entered the United States without admission or parole and currently lack lawful immigrant or nonimmigrant status
Have no disqualifying criminal convictions
Not pose a threat to national security or public safety
Merit a favorable exercise of discretion

Benefits of the New Family Unity Program

Successful applicants will receive:

Temporary protection from deportation
Eligibility to apply for work authorization
Ability to apply for lawful permanent resident status (green card) without leaving the United States (assuming they are otherwise eligible to adjust status)

Duration of Parole

Parole and work permits granted under this new program will generally last for up to three years.

WHAT WE’RE STILL WAITING TO LEARN MORE ABOUT:

While the announcement provides a framework for the program, several key details are yet to be released:

Application Process

The Department of Homeland Security (DHS) is expected to publish a notice in the Federal Register later this summer with details about the application process. This notice will likely include:

The specific USCIS form to be used for applications
Required supporting documentation
Instructions for submitting biometric information

Filing Fees

Information regarding the filing fees for this program has not yet been released. The forthcoming Federal Register notice should provide details on fees and potential fee waiver options.

Online vs. Paper Filing

It is currently unclear whether applications will be accepted online, on paper, or both. Further filing instructions are expected to be provided in the near future.

Exact Start Date

While the announcement indicates that applications will be accepted later this summer, an exact start date for the program has not been specified.

Implications for Mixed-Status Families

This new program represents a significant step towards keeping mixed-status families together. On average, eligible individuals have resided in the United States for 23 years. The program will allow these long-term residents to:

Remain with their U.S. citizen spouses and children without fear of deportation
Legally work and contribute to their communities
Pursue a path to permanent residency without risking family separation

Protect Yourself from Immigration Scams

Since this new program has yet to be implemented, there is currently no process for actually filing paperwork to seek benefits under the program. For that reason, anyone promising that they can help you apply under this new program or offering to take a deposit towards filing should be avoided at all costs. We do not currently have enough information to actually start assisting eligible applicants, so until we do, there is nothing that can be done yet to apply.

However, you can begin gathering evidence of your continuous residence since June 17, 2014 and physical presence on June 17, 2024. Likewise, you can begin to prepare for filing for Adjustment of Status by gathering all of the necessary evidences to prove your marital relationship or step-parent/step-child relationship.

Conclusion

The Biden Administration's new Process to Promote Unity and Stability of Families program offers hope to hundreds of thousands of mixed-status families across the United States. While many details are still forthcoming, the program's potential impact on family unity and stability is clear. As we await further information, and as mentioned above, eligible individuals should begin gathering documentation to prove their continuous presence and prepare for the application process.

If you believe that you might be eligible under this program and would like to speak with an immigration attorney, please do not hesitate to give us a call at (212) 547-8857 or schedule a consultation online. While we cannot assist in applying directly at this time, we are ready to connect with families now, so that when the time comes, we can help in applying under the new program.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.