On June 18th, the Biden administration announced that the Department of Homeland Security (DHS) will establish a new process to consider, on a case-by-case basis, requests for certain noncitizen spouses of U.S. citizens. If eligible, these noncitizens will be able to apply for lawful permanent residence without leaving the United States. Here are the key points:
Eligibility Criteria:
Noncitizen spouses must have lived in the United States for at least 10 years as of June 17, 2024.
They should not pose a threat to public safety or national security.
They must be otherwise eligible to apply for adjustment of status.
Their case must merit a favorable exercise of discretion.
Process:
Eligible noncitizens can apply for lawful permanent residence (green card) without leaving the United States.
DHS estimates that around 500,000 noncitizen spouses could be eligible, with an average residency of 23 years.
Approximately 50,000 children of these spouses may also qualify for this process. Exclusions:
Noncitizens who pose a threat to national security or public safety are not eligible.
If a noncitizen is deemed a threat, DHS will take appropriate action, including detention, removal, or referral to other federal agencies.
Remember that this process is considered on a case-by-case basis, and individuals must meet specific criteria. All requests will take into consideration the potential requestor’s previous immigration history, criminal history, the results of background checks and national security and public safety vetting, and any other relevant information available to or requested by USCIS.
Please contact your GG&W lawyer or contact us at 212-643-6400 for additional information
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