The office of Citizenship and Immigration Services (USCIS) reported that at the end of the summer it will announce the step by step so that undocumented immigrants can apply for the Green Cardthrough marriage to an American.
“[Se] will establish a new process to consider, on a case-by-case basis, requests for temporary parole for certain non-citizen spouses of U.S. citizens who have lived in the United States for 10 years or more; do not pose a threat to public safety or national security; are eligible to apply for adjustment of status; and merit a favorable exercise of discretion,” USCIS indicated.
The agency indicated that the Department of Homeland Security (DHS) will clarify the process, so that these immigrants do not have to leave the country, as President Jode Biden announced last week.
“To be considered for temporary parole, an individual must submit a form to USCIS along with supporting documentation to demonstrate eligibility and pay a fee,” the agency said.
There are still no details about the form to be submitted and the feebut details will be revealed at the end of the summer.
“More information about eligibility and the application process, including a notification, will be published soon in the Federal Register,” the agency states. “USCIS will reject any individual submissions or applications received before the date the application period begins later this summer.”
It is estimated that half a million spouses of Americans can obtain this immigration benefit, as well as 50,000 non-citizen children.
Requirements for immigrants
USCIS highlights aspects of processing security as one of the key elements for eligibility.
“Non-citizens who pose a threat to national security or public safety will not be eligible for this process, as established in our immigration law enforcement priorities,” he warns.
He adds that if a person applies for the benefit and it is discovered that they could represent a safety hazard, they will be legally prosecuted.
There are three basic aspects to cover by immigrants to be evaluated:
– Be present in the United States without admission or temporary residence permit, that is, people who arrived with any visa are not eligible, even if they are undocumented.
– Have been continuously present in the United States for at least 10 years as of June 17, 2024.
– Be legally married to a person of US nationality as of June 17, 2024.
By insisting on criminal history, USCIS indicates that those people who had convictions are not eligible.
“Disqualifying criminal records include criminal convictions that make the individual legally ineligible for adjustment of status,” it states.
While in some cases it is possible that a person with convictions may be eligible for the Green Card, they will not be eligible for this particular process.
“Upon receipt of a properly submitted request for temporary leave to remain, USCIS will determine on a case-by-case basis whether granting temporary leave to remain is warranted and whether the applicant deserves a favorable exercise of discretion,” it is clarified. “All applications will take into consideration the potential applicant’s prior immigration history, criminal history, results of background checks and national security and public safety investigation, and any other relevant information available or requested by USCIS.”
The decision of the Biden Administration, widely applauded by civil organizations, seeks to strengthen family unity, as has happened with reunification processes for citizens of Colombia, El Salvador, Guatemala, Honduras and Ecuador.
Keep reading:
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