United States: Biden Administration Announces Relief Programs for Undocumented Spouses of U.S. Citizens and Dreamers with U.S. Degrees

In the newly announced parole in place program, certain undocumented spouses of U.S. citizens will be able to apply for a green card within the United States using the adjustment of status process instead of being required to depart the United States and apply at a U.S consulate abroad. The new option will be available on a discretionary basis to spouses who are present in the United States without admission or parole, have been continuously present for at least 10 years as of June 17, 2024, and who have no disqualifying criminal history or national security or public safety concerns.

Spouses who qualify for the parole in place program will be provided a three-year period within which they may apply for adjustment of status. During that time, they will be eligible for work authorization and protected from removal. DACA grantees, among others, may be eligible to benefit from the new pathway.

According to DHS, the parole in place program application period will begin later this summer.

The White House and DHS also announced a relief program for Dreamers – including DACA recipients – with degrees from accredited U.S. institutions of higher education and an offer of employment from a U.S. employer related to their degree. The Biden Administration plans to ease the path to an employment-based nonimmigrant visa status – including H-1B and others – for these individuals. Today’s announcement did not include details on the mechanism of the Dreamer relief, but more information is expected soon.

Details on the full program parameters and application processes are expected to be forthcoming, both in public announcements by the Biden Administration and in an official Federal Register notice in the coming weeks. Fragomen is closely tracking the programs and will provide detailed information for organizations and potentially affected employees in future alerts.