Last week, the US Administration signed an executive order enabling over half a million undocumented immigrants in the U.S. to obtain permanent residency status without leaving the country. This measure will benefit a portion of the estimated 11 million undocumented migrants residing in the U.S.
As immigration reform continues to be a contentious issue in Congress, the current administration has taken steps reminiscent of the 2012 Deferred Action for Childhood Arrivals (DACA) program. Like DACA, which grants legal stay and work permits to young immigrants, the new “parole in place” executive order aims to “keep families together.”
This new order follows another executive action from early June that restricts the number of political asylum cases processed at the U.S.-Mexico border.
The Lengthy Green Card Process and Its Challenges
The traditional green card application process is notorious for its delays, often requiring applicants to serve a 10-year parole period outside of the U.S. The new order changes this dynamic, potentially impacting over 500,000 individuals.
Understanding the New Immigration Executive Order
The “parole in place” executive order protects spouses and children of U.S. citizens who lack legal status, allowing them to gain permanent residency more quickly and without the need to leave the country.
Additionally, the order facilitates expedited work visas for DACA recipients who have graduated from college and received job offers from U.S.-based companies.
Key Provisions of the Executive Order
Under the new order, undocumented immigrants who are married to a U.S. citizen or are under 21 with a U.S. citizen parent, and have lived in the country continuously for at least 10 years, will be eligible for accelerated permanent residency. Previously, undocumented immigrants had to risk being sent back to their home country for up to 10 years while applying for residency.
Applicants will now have a three-year period to apply for permanent residency and work legally during this time.
Eligibility for the New Executive Order
The order addresses three groups of nonresident immigrants:
Spouses of U.S. citizens
Children of U.S. citizens
DACA recipients
Spouses married to U.S. citizens for at least 10 years as of June 17 are eligible, excluding mixed-status couples who marry after this date. The average eligible spouse has been married for 23 years, making about 500,000 spouses and 55,000 children eligible.
DACA recipients must have an academic degree from a U.S. institution and a job offer that matches their degree from a U.S.-based company to apply for expedited work visas.
Impact on Green Card Eligibility
The executive order does not change who qualifies for a green card. Spouses and unmarried children of U.S. citizens are already eligible. However, under current immigration law, many noncitizens must leave the U.S. to apply, resulting in prolonged separation from their families. The new executive action expedites the process and allows applicants to remain in the U.S. while their applications are processed.
The Importance of Adequate Representation
Navigating the complex immigration system requires thorough knowledge and expertise. Adequate legal representation can significantly impact the success of an application. An experienced immigration attorney can help applicants understand the nuances of the new executive order, ensure all paperwork is accurately completed, and submitted on time, and provide crucial advice tailored to individual circumstances. They also protect applicants from potential scams and fraudulent offers, which are unfortunately common in immigration processes. By securing professional legal assistance, applicants can navigate the process more confidently and increase their chances of a successful outcome.
How to Apply for the New Immigration Benefit
The program is expected to be operational by the end of the summer. However, the United States Citizenship and Immigration Services (USCIS) has yet to release detailed guidelines on the application process.
Potential beneficiaries should be cautious and seek reliable information. It is advisable for undocumented immigrants to be wary of scams promising secured spots in the new program for a fee. Consulting multiple immigration attorneys to understand the new process and eligibility before applying is recommended.
Conclusion
The US Administration’s new executive order provides a significant opportunity for many undocumented immigrants to obtain permanent residency and remain with their families in the United States. Adequate representation and cautious navigation of the process will be crucial for those seeking to benefit from this new policy. By leveraging professional legal assistance, applicants can better navigate the complexities of the immigration system and work towards their goal of securing permanent residency in the United States.
It is more important now than ever with changing laws to have adequate representation. Located in Overland Park, Kansas, Roberson Law, LLC is committed to helping you and your family.
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