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Biden Administration Changes Green Card Process for Mixed-Status Families

By Greenberg Traurig on July 31, 2024
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In a move aimed at improving immigration processes and providing additional support to immigrants, the Biden administration has announced several policy changes.

Starting August 19, unauthorized spouses and children of U.S. citizens who have been in the United States for at least 10 years will be able to apply for parole in place. This provision allows these individuals to obtain green cards without having to leave the country. If approved, eligible family members will have three years to apply for permanent residency while being granted work authorization. By enabling family members to adjust their immigration status from within the United States, rather than traveling abroad and potentially facing a 10-year reentry ban, this change is expected to significantly simplify the permanent residency process for eligible individuals.

The U.S. Department of State has also revised its guidance to favor immigrants with U.S. college degrees and job offers. The updated guidelines clarify that it is in the public interest for these individuals, including those with work authorization from the Deferred Action for Childhood Arrivals (DACA) program, to utilize their degrees in the United States. Consular officers will now have the discretion to weigh an applicant’s college degree and job offer favorably when deciding whether to grant a waiver to a visa applicant who would otherwise be ineligible. These adjustments aim to expedite the work visa process for college graduates.

Additionally, the Biden administration announced plans to double the locations for the Executive Office Immigration Review (EOIR)’s Attorney of the Day program, a program that provides volunteer attorneys in immigration courts for those without legal representation. Currently operating in San Francisco, Chicago, and New Orleans, the EOIR’s Attorney of the Day program will expand to Maryland, New York City, and Atlanta by the end of the fiscal year. This expansion seeks to ensure fair representation for immigrants during legal proceedings. The EOIR has issued a call for attorneys to provide pro bono support to the program.

In an effort to expand opportunities for Latino communities, the Biden administration also announced that the U.S. Department of Education will propose an expansion of federal outreach programs specifically targeting beneficiaries of the DACA program. Known as the Trio Program, this initiative aims to assist individuals from disadvantaged backgrounds as they transition from high school to college. The Department of Education’s proposal would extend the Trio Program to reach an additional 50,000 individuals.

  • Posted in:
    Immigration
  • Blog:
    Inside Business Immigration
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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