Outstanding News for DACA & Others Without Status

The DACA program has remained virtually unchanged since our last update in October 2022. USCIS still accepts renewals every two years, but no new applicants are being processed. The program is still considered illegal on the federal level, and it still leaves millions of people who know no other home but the USA in a limbo of fear and unrest. But finally, on June 18, 2024, President Biden announced 2 sweeping immigration policy changes that could have potentially huge life-long effects on those living and working here without legal status, like the Dreamers. 

The first provides a path to citizenship for undocumented immigrants who are married to a citizen and who have resided in America for at least 10 years as of June 17, 2024. Prior to the implementation of this policy, these spouses of United States citizens had to leave the country, and their families, risk not being allowed back in, sometimes for 10 years, sometimes permanently. Now, through a concept used by the military for years called “parole in place,” these vital members of our US families will be allowed to stay with their spouses and children while their green card applications are processed. Once parole is granted, the noncitizen spouse will have a window of three years to apply for permanent residency. Further, they will be eligible for work authorization for those three years. This measure alone is poised to help approximately half a million adults and another 50,000 children stay in the US in safety with their families. 

On August 26, 2024 a Federal Judge in Texas issued an administrative stay that keeps any applications filed under the above new policy from being approved. Applications are still being accepted in anticipation of a favorable ruling, however, these policy changes are now being litigated.

The second policy change aims to streamline the work permit process for those without status who have attained higher education in the US. Essentially, for someone without status to obtain employment authorization, they must apply for a waiver or face leaving the country for an extended period as a penalty for being in the country illegally. DACA is one way to obtain this waiver. There are others. And with the status of DACA being so contested, some of the others may be more reliable in the coming administrations. However, in these cases, hopeful applicants must leave the country to apply. There are no guarantees their waivers will be granted or how long the process will take. We are keeping a close watch to see what directives the administration releases in the coming days and months. We hope there will be a presumption of approval provided an applicant meets some criteria, direction on documentation, or at least an expedited process schedule. We will update you as we find out more.