Our organization of Immigration Lawyers (AILA) prepared a summary of what we know at this time about this new program. Following are the main points from this summary:
This is for spouses and children of U.S. citizens who have been living in the United States for at least 10 years, before June 17, 2024 (6/17/2024):
• You may be eligible to apply for your green
card without leaving the United States, if,
as of June 17, 2024: and
• You are in the United States but only if you had entered without a visa or
without parole; and
• You have lived in the United States for at
least ten (10)years and have never left;
and
• You are legally married to a U.S. citizen
or have a qualifying stepchild
elationship with a U.S. citizen; and
• You do not have certain criminal history
or pose a threat to national security or
public safety.
• If you meet all these criteria, the
government MAY grant you parole-in-
place.
• Parole would be granted for a one-time
period of three years; and
• You may also be eligible for
employment authorization for up to three
years; and
• If you are granted parole, you may apply
for your green card within three years of
approval. (Adjustment of Status (Form
I-485) without having to leave the U.S.);
and
• Eligibility is determined on a case-by-case
basis - it is not automatic.
Also, college-educated DACA recipients and
Dreamers who are qualified for
non-immigrant status, such as an H-1B
specialty occupation visa.
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