Important Update on Parole for Spouses of U.S. Citizens

¡Hola, mi gente! I want to share exciting news about the recent updates in the executive orders announced by President Biden’s administration. These updates could represent a significant change in U.S. immigration policy, and of course, I wanted to keep you informed.

New Executive Orders Announced

Thank God, these two orders were announced today, June 19, 2024. Although we still lack many details on how they will work exactly, these orders represent a plan very close to significant immigration reform.

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Details of the Parole for Spouses of U.S. Citizens

One of the plans is specifically for the spouses of U.S. citizens. This program will allow people married to an American citizen since June 17 of this year, and who have at least 10 years of presence in the United States, to apply for a Parole. This Parole will act as a permit that will allow them to apply for permanent residency.

What Does This Parole Entail?

The plan mentions a three-year Parole. It is not very clear if one must wait those three years before being able to apply for residency, but the Parole will grant a work permit for three years and will open a path to permanent residency for eligible individuals. It is important to mention that, at this moment, USCIS is not accepting applications as we are awaiting more details, which will likely be announced in August.

Requirements and Process

• Married since June 17 of this year to a U.S. citizen.

• Presence of at least 10 years in the United States (can be illegal).

• We are waiting for more details on the application and specific requirements.

Potential Impact and Additional Considerations

For people who have been deported, we still do not know if this Parole will offer a solution for those under the “permanent punishment.” This punishment applies to people with deportation orders or prolonged illegal presence in the U.S. after April 1, 1997. At this moment, it seems these people could at least obtain a work permit and protection against deportation, but we are not sure if they will be able to obtain permanent residency.

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Comparison with Previous Programs

This Parole works similarly to Parole in Place, which benefits family members of U.S. military personnel, allowing them to apply for permanent residency without leaving the country.

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Good News for DREAMers

Additionally, another piece of good news is that President Biden’s administration will offer work visas for Dreamers, who are young migrants born abroad, brought to the United States as children, and still do not have legal immigration status. This is significant for those who could not obtain DACA status, especially if they completed a college degree in the U.S. and have a job offer in their field of study. It is not clear if these work visas will be renewable or if they could lead to permanent residency through the PERM process.

Recommendations to Prepare

For those who could be eligible for these programs:

• Document your 10-year presence in the U.S.: rental contracts, pay stubs, medical appointments, vaccinations, birth certificates of U.S.-born children, school documents, etc.

• Review your criminal record: Obtain your records so your lawyer can review them.

• Dreamers with DACA: Gather your school transcripts, work awards, and job offers.

Donald Trump: A Concern for the Future

A common question is what will happen if Trump wins the next election. He could attempt to eliminate these executive orders, as happened with DACA. This fear is real, as there could be litigation in federal courts blocking applications, taking the case to the Supreme Court.

Although we are waiting for more details, these new executive orders from the Biden administration represent a significant step toward immigration reform. Everyone, stay informed and prepared. I will continue to follow these developments and provide updates as we get more information.

¡La Lucha Sigue!