The President has announced a new plan to facilitate legal status for two groups of undocumented individuals in the U.S.: spouses and children of U.S. citizens who entered without inspection, and DACA recipients.  Those approved in the first group would not have to leave the country; they would be granted “parole-in-place” for 3 years, during which time they could apply for a green card and would be eligible for work authorization. Those in the second group will benefit from streamlined and possibly more lenient consular processing. However, neither program will open until later in the summer.

The government expects to release program details for qualifying spouses and children of U.S. citizens by the end of the summer. In the meantime, individuals may review the criteria and gather evidence for the basic requirements. As of June 17, 2024 members of this group:

• Must have been living in the U.S. for at least 10 years with no period of absence
• Must have married to a U.S. citizen or established a qualifying stepchild relationship with a U.S. citizen
• Must not have incurred any disqualifying legal violations

The Department of Homeland Security will assess applications meeting these criteria on a case-by-case basis. Details on how to apply will be released later this summer, and any early-filed application will be rejected.

The specific procedures and regulations regarding Dreamers are less clear. They must:

• Have earned a degree at an accredited U.S. institution of higher education
• Have received an offer of employment from a U.S. employer in a field related to their degree
• Be the beneficiary of an approved I-129 petition from USCIS.

However, they must still go through consular processing to secure their visas. The Department of State (DOS) has announced relevant updates to the Foreign Affairs Manual (FAM) to be published in the next 30 days. The agency notes “While leaving the United States to apply for a visa is not without risk [the new guidance] will clarify when consular officers should consider recommending waivers… so that those who qualify can get to work quickly.”

Perhaps most important, potential applicants should make sure they get advice from a reliable source. The White House fact sheet on both programs is here and the Department of State release is here.  Finally,  a competent, licensed immigration attorney can keep you updated about any changes or delays to the programs, and guide you through the applications process.