A Detailed Look at the New DHS Process for Noncitizen Spouses of U.S. Citizens
we are thrilled to announce a significant development in U.S. immigration policy that will positively impact countless families across the nation. On June 18, 2024, the Department of Homeland Security (DHS) introduced a new process aimed at strengthening family unity within the U.S. immigration system. This initiative is a crucial step toward fulfilling President Biden’s commitment to keeping families together and providing a legal pathway for certain noncitizen spouses of U.S. citizens who have lived in the United States without admission or parole.
We are excited about this change and are particularly happy for the families who will benefit from this new process, which offers hope and stability to those who have called the United States home for many years.
Understanding the New DHS Process
The DHS process provides an opportunity for noncitizen spouses of U.S. citizens to seek parole, which can ultimately lead to lawful permanent residence (a Green Card) without the need to leave the United States. This is a monumental shift in policy, particularly for those who have resided in the country for a decade or more without legal status. Here’s a closer look at the qualifications and steps involved:
Continuous Physical Presence: To qualify, the noncitizen spouse must have been continuously physically present in the United States for at least 10 years without lawful admission or parole. This is a critical requirement, as it acknowledges the deep roots many individuals have established in the U.S.
No Disqualifying Criminal Convictions: Applicants must have a clean criminal record, meaning they have no disqualifying convictions. This ensures that the individuals who benefit from this process are those who pose no threat to public safety.
No Threat to National Security or Public Safety: DHS will conduct thorough vetting of each applicant to ensure they do not pose any threat to national security or public safety. Only those who pass these stringent checks will be considered for parole.
Eligibility for Adjustment of Status: Applicants must be eligible to apply for adjustment of status, which is the process of becoming a lawful permanent resident while already in the United States. Additionally, the applicant must merit a favorable exercise of discretion, meaning that DHS must determine that granting parole is in the best interest of the individual and their family.
Starting on August 19, 2024, DHS will begin accepting applications for this new process. It’s important to note that applications should be filed online, and any filings submitted before this date will be rejected. Here’s a step-by-step guide to ensure your application is properly submitted:
1. Preparation of Documentation: Begin gathering essential documents, including proof of continuous physical presence, evidence of your relationship to a U.S. citizen, and records demonstrating your eligibility for adjustment of status.
2. Online Filing: Once the application window opens on August 19, 2024, submit your application through the official USCIS online portal. Follow the provided guidelines carefully to ensure that your submission is complete and accurate.
3. Paying the Required Fees: Information about the required fees will be outlined in the Federal Register Notice. Be prepared to pay these fees through official online payment channels.
4. Biometrics and Vetting: After submission, USCIS will schedule a biometrics appointment, where your fingerprints and photos will be taken. DHS will then conduct a thorough background check to ensure you meet all security requirements.
5. Decision and Parole Grant: Once all checks are complete, DHS will make a decision. If parole is granted, you will be allowed to remain in the United States and can proceed with applying for a Green Card without the need to leave the country.
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