New Protections May Be Available for Some Undocumented Immigrants

 Posted on June 24, 2024 in Immigration

Recently, the Biden administration introduced new policies that are meant to provide a pathway to legal status for certain undocumented immigrants who are currently living in the United States. These policies focus on creating opportunities for undocumented spouses of U.S. citizens and immigrants who came to the U.S. as children. People who may be affected by these policies will need to understand the steps they can take to achieve legal status in the United States and avoid issues such as deportation. An experienced attorney with a strong understanding of immigration law provides guidance for immigrants and helps them complete their legal requirements to receive visas or Green Cards.

Green Cards for Undocumented Spouses of U.S. Citizens

Spouses of U.S. citizens who are undocumented immigrants will now have a clearer path to obtaining a Green Card, which will grant lawful permanent residence in the United States. To be eligible, the undocumented spouse must be legally married to a U.S. citizen, and they must have resided in the United States for at least 10 years.

Undocumented spouses who are eligible may apply for Green Cards. Their cases will be assessed by the Department of Homeland Security, and if they are approved, they will be given a three-year window to complete the process of becoming lawful permanent residents. They will not be required to leave the United States and apply for re-entry, and they will also be eligible for work authorization during this period. Once they receive a Green Card, they will be recognized as a lawful permanent resident of the United States, allowing them to continue living in the country with their families and avoiding deportation.

Work Visas for DACA Recipients and Dreamers

The Biden administration's policies also provide new opportunities for people who were brought to the United States as children. These include people who have received protection from deportation through the Deferred Action for Childhood Arrivals (DACA) program, as well as other undocumented immigrants who are classified as “Dreamers.”  recipients and Dreamers to obtain work visas, including H-1B visas.

Qualifying immigrants who have obtained college degrees from educational institutions in the United States will be able to apply for work visas. If they have received an offer of employment from a U.S. employer in a field related to their degree, they may qualify for different types of employment-based visas, including H-1B visas.

Typically, employees who qualify for temporary work visas are required to apply for D-3 waivers, and they will need to leave the United States and apply for re-entry. The new policy is meant to expedite the review of waiver requests, ensuring that Dreamers can receive approval more quickly. After receiving approval for a temporary work visa, a person may be able to apply for a Green Card after maintaining a lawful presence in the United States for a certain number of years.

Contact Our DuPage County Immigration Attorneys

Navigating the new policies and ensuring that the correct procedures are followed when applying for legal status can seem overwhelming. An experienced attorney can provide invaluable help when addressing these issues. At Mevorah & Giglio Law Offices, our Bloomingdale immigration lawyers can work with spouses of U.S. citizens, DACA recipients, or other Dreamers to make sure they understand their options and meet all legal requirements to live in the United States legally. Contact us today at 630-932-9100 to schedule a free consultation and learn how we can help you or your loved ones achieve legal status in the United States.