On June 18, 2024, the Department of Homeland Security (DHS) announced a new measure to promote family unity in the immigration system. DHS will implement a process to consider, on a case-by-case basis, requests from certain non-citizen spouses of U.S. citizens who have resided in the United States for at least 10 years without formal admission and with no criminal record.

Those who meet the criteria will be able to apply for permanent residence without leaving the country, benefiting approximately 500,000 spouses and 50,000 non-citizen children.

Eligibility and Process

To be considered, applicants must have been in the United States continuously for at least 10 years as of June 17, 2024, and must be legally married to a U.S. citizen since that date. Additionally, they must have no criminal record and not pose a threat to national security. Non-citizen children of these spouses may also be eligible if they meet the requirements.

Applications will be submitted using a specific form to USCIS, along with supporting documentation and a fee. Detailed information about the process and necessary forms will be published soon in the Federal Register.

Protection Against Scams

To avoid fraud, applicants are advised to seek legal advice only from authorized attorneys or accredited representatives. USCIS warns about individuals posing as government officials and fraudulent websites. It is crucial to obtain information from official sources such as uscis.gov or dhs.gov.

Key Questions and Answers

USCIS will publish a notice in the Federal Register with additional guidelines on the application process, necessary forms, and associated fees. The application process will begin later this summer. Applications submitted before the official date will be rejected.

Duration and Renewal of Temporary Stay Permit

The temporary stay permit will be granted for up to three years, providing time for beneficiaries to apply for permanent residence. During this period, applicants can also obtain work authorization.

Eligibility of Non-Citizen Children

Non-citizen children of eligible applicants may also be considered for the temporary stay permit if they meet the requirements of the Immigration and Nationality Act.

Employment Authorization

Beneficiaries of the temporary stay permit can apply for an Employment Authorization Document (EAD) immediately after receiving the permit.

Conclusion

This measure aims to improve the unity and stability of immigrant families in the United States by offering a clear path to permanent residence and citizenship. USCIS will provide additional information in the coming months to facilitate the application process.

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