Keeping Families Together: A Detailed Look at the New DHS Process for Noncitizen Spouses of U.S. Citizens

By Dionnie Wynter Pfunde, Founder of Wynter Law Practice

At Wynter Law Practice, we are thrilled to announce a significant development in U.S. immigration policy that will positively impact countless families across the nation. On June 18, 2024, the Department of Homeland Security (DHS) introduced a new process aimed at strengthening family unity within the U.S. immigration system. This initiative is a crucial step toward fulfilling President Biden’s commitment to keeping families together and providing a legal pathway for certain noncitizen spouses of U.S. citizens who have lived in the United States without admission or parole.

We are excited about this change and are particularly happy for the families who will benefit from this new process, which offers hope and stability to those who have called the United States home for many years.

Understanding the New DHS Process

The DHS process provides an opportunity for noncitizen spouses of U.S. citizens to seek parole, which can ultimately lead to lawful permanent residence (a Green Card) without the need to leave the United States. This is a monumental shift in policy, particularly for those who have resided in the country for a decade or more without legal status. Here’s a closer look at the qualifications and steps involved:

• Continuous Physical Presence: To qualify, the noncitizen spouse must have been continuously physically present in the United States for at least 10 years without lawful admission or parole. This is a critical requirement, as it acknowledges the deep roots many individuals have established in the U.S.
• No Disqualifying Criminal Convictions: Applicants must have a clean criminal record, meaning they have no disqualifying convictions. This ensures that the individuals who benefit from this process are those who pose no threat to public safety.
• No Threat to National Security or Public Safety: DHS will conduct thorough vetting of each applicant to ensure they do not pose any threat to national security or public safety. Only those who pass these stringent checks will be considered for parole.
• Eligibility for Adjustment of Status: Applicants must be eligible to apply for adjustment of status, which is the process of becoming a lawful permanent resident while already in the United States. Additionally, the applicant must merit a favorable exercise of discretion, meaning that DHS must determine that granting parole is in the best interest of the individual and their family.

The Application Process

Starting on August 19, 2024, DHS will begin accepting applications for this new process. It’s important to note that applications should be filed online, and any filings submitted before this date will be rejected. Here’s a step-by-step guide to ensure your application is properly submitted:

1. Preparation of Documentation: Begin gathering essential documents, including proof of continuous physical presence, evidence of your relationship to a U.S. citizen, and records demonstrating your eligibility for adjustment of status.
2. Online Filing: Once the application window opens on August 19, 2024, submit your application through the official USCIS online portal. Follow the provided guidelines carefully to ensure that your submission is complete and accurate.
3. Paying the Required Fees: Information about the required fees will be outlined in the Federal Register Notice. Be prepared to pay these fees through official online payment channels.
4. Biometrics and Vetting: After submission, USCIS will schedule a biometrics appointment, where your fingerprints and photos will be taken. DHS will then conduct a thorough background check to ensure you meet all security requirements.
5. Decision and Parole Grant: Once all checks are complete, DHS will make a decision. If parole is granted, you will be allowed to remain in the United States and can proceed with applying for a Green Card without the need to leave the country.

Celebrating a New Era of Family Unity

At Wynter Law Practice, we are overjoyed for the thousands of families who will benefit from this new DHS process. This change marks a new era in U.S. immigration policy—one that recognizes the importance of keeping families together and acknowledges the contributions of those who have made the United States their home.

With this process, an estimated 500,000 noncitizen spouses of U.S. citizens, who have resided in the United States for an average of 23 years, may finally have the opportunity to secure their status and live without the fear of separation. Additionally, around 50,000 noncitizen children of these spouses are expected to be eligible for parole, further strengthening family bonds and ensuring a brighter future for these children.

Protecting Yourself from Scams

As we celebrate this milestone, it’s essential to remain vigilant against potential scams. Unfortunately, the immigration landscape is often targeted by individuals seeking to exploit vulnerable families. Here’s how to protect yourself:

• Seek Legal Advice from Authorized Professionals: Only a licensed attorney or an accredited representative recognized by the Department of Justice is authorized to provide legal advice on immigration matters. Avoid notarios públicos and unauthorized practitioners who may offer services they are not legally permitted to provide.
• Watch Out for Impersonators: USCIS will never ask for payments through Western Union, MoneyGram, PayPal, or gift cards, and they will never contact you through personal social media accounts. Always confirm that you are communicating with an official government source.
• Use Trusted Sources for Information: Ensure that you obtain your information from official websites, such as uscis.gov or dhs.gov. Be wary of fraudulent websites that claim to be affiliated with USCIS but are not.

Conclusion

The introduction of this new DHS process is a monumental step forward in the pursuit of family unity and justice within the U.S. immigration system. At Wynter Law Practice, we are committed to guiding families through this process, ensuring that they have the support and information they need to navigate this new pathway to permanent residency.

If you believe you or your family members may be eligible for this process, we encourage you to reach out to our team. We are here to help you every step of the way, from understanding your eligibility to ensuring that your application is complete and accurate.

Together, we can embrace this new era of compassion and fairness in U.S. immigration policy, keeping families together and building stronger communities.