New Process for Noncitizens Married to U.S. Citizens

New Process for Noncitizens Married to U.S. Citizens

As of June 17, 2024, DHS announced a new process to enhance family unity within the United States. Before this announcement, noncitizens who entered the U.S. without a visa or parole and who are married to a U.S. citizen must depart to their home country to be processed for lawful permanent residence. This could result in long-term separation from their family in the United States, causing massive hardship to the family. DHS’s new process considers noncitizens, on a case-by-case basis, who are eligible to apply.

To be considered on a case-by-case basis for this process, an individual must:

Additionally, noncitizens applying for lawful permanent residence must not pose a threat to public safety or national security. Noncitizen children of the noncitizen applying for lawful permanent residence may also be considered for parole if they are present in the United States without admission or parole and have a qualifying stepchild relationship to a U.S. citizen as of June 17, 2024.

To start the process, the noncitizen must file a form on USCIS with supporting documentation showing that the noncitizen meets the requirements as well as pay the fee associated with filing. USCIS will announce later this summer when the application period begins. If the individual files prior to the beginning of the application period, USCIS will reject the documents received. If you need help with this process, please contact us at 954-344-7737.

DHS Link:

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