Immigration Updates
Affirmative Relief Announcement
The Biden Administration announced TWO major policy changes that will transform the lives of undocumented individuals. This is a massive victory for the immigrant community! We know this leaves out many individuals and we continue to advocate for a more comprehensive and inclusive policy. According to USCIS, the application process is expected to begin later this summer.
A) Undocumented Spouses of U.S. Citizens who:
- Entered the U.S. without inspection;
- As of June 17, 2024, have been legally married to a U.S. Citizen (or have a qualifying stepchild relationship with a U.S. citizen;
-Have lived in the U.S. for at least 10 years; and
-Do not have certain criminal history or pose a threat to national security or public safety
If granted parole-in-place:
-Parole would be granted for a one-time period of three years
-You may be eligible for employment authorization for up to three years
-You may apply for your green card within three years of approval
-Eligibility is determined on a case-by-case basis
B) The administration promises to streamline the visa process for employment-sponsorship for Dreamers. DACA recipients and other Dreamers:
- Have earned a degree from a U.S. higher education institution; and
-Have been offered employment by a U.S. employer
We share your questions and are awaiting further updates on the following:
-When will this be implemented?
-Who are considered other Dreamers?
-What is considered "higher education"?
-Who is eligible for waivers?
-How much would it cost?
-What does this mean for initial DACA applications that are on hold?
What can I do now to prepare my application before the process begins?
Until additional information is issued, individuals may consider preparing by gathering evidence, including:
-Documentation to establish that the noncitizen has been continuously present in the United States for at least 10 years as of June 17, 2024;
-Evidence of a legally valid marriage to a U.S. citizen as of June 17, 2024
-Evidence of additional favorable discretionary factors that the applicant would like USCIS to consider.
UPDATE: This process is currently on hold due to an ongoing federal lawsuit filed by Texas and 15 other states on August 23, 2024. The federal courts have placed the Keeping Families Together (KFT) PIP program on pause indefinitely and for now USCIS cannot approve any KFT PIP applications until the courts decide to let the program move forward.
The following are helpful resources to stay updated and learn more:
Process to Promote the Unity and Stability of Families (USCIS)
Find Help Near You (Informed Immigrant)
FACT SHEET: President Biden Announces New Actions to Keep Families Together (WH.GOV)
What is the Affirmative Relief Announcement? (AILA)
(Last Updated October 2024)
TPS Update:
- El Salvador now runs through March 9, 2025;
-Honduras now runs through July 5, 2025;
-Nepal now runs through June 24, 2025;
-Nicaragua now runs through July 5, 2025; and
-Sudan now runs through April 19, 2025.
Please note that while the re-registration periods end on different dates, EADs are all extended through the same date: March 9, 2025. Find instructions to re-register for TPS and renew your EAD in the most recent Federal Register notice that extends TPS for your country (or extends and redesignates your country for TPS).
(Last Updated June 2024)
March 2021 Updates
Public Charge
The Biden administration has canceled the Trump version of the public charge rule as of March 2021. This means applicants will no longer have to be concerned about certain public benefits preventing them from getting their green cards.
Receiving free testing of Covid-19 will NOT make you a public charge. If it is medically advisable for you to be tested for Coronavirus, free testing will not impact your immigration case.
Similarly, receiving a government stimulus check as a result of the CARES Act will not make you a public charge.
If you are unsure of how your immigration status could be affected by using public benefits, make an appointment for a consultation or check out what benefits impact immigration here.
Know Your Rights
Everyone who lives in the U.S. is given certain rights, like the rights to freedom of speech and freedom to practice your religion. These rights apply to everyone, regardless of their immigration status. These guidelines from the Immigrant Legal Rights Council provide practical steps for what to do if you or someone you know has an encounter with agents from ICE (Immigration and Customs Enforcement). We recommend that you print this document and keep it with you to reference if necessary.
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