The keys to Biden’s announcement on immigration: Who will benefit? Does it affect the ‘Dreamers’?

Just days after taking a hard line with restrictions on asylum policy, U.S. President Joe Biden tried to go in another direction this week to protect undocumented spouses of U.S. citizens and their stepchildren from deportation. The measure will allow unauthorized immigrants who meet certain requirements to apply for permanent residency, a work permit, and facilitate their path to citizenship. There are some procedural issues that will not be known until they are published in the Federal Register, but this is what we know so far:

How many people does it affect?

The White House estimates that half a million married people — the undocumented spouses of U.S. citizens — can benefit, as well as around 50,000 immigrant children with a parent who is married to a U.S. citizen, that is to say, the stepchildren of the U.S. citizen.

This program is not open to those who entered the country with a visa and extended their stay.

Are there other requirements besides family ties?

In order to benefit from this change, applicants must have been living in the United States for at least 10 years by June 17, 2024 and be legally married to a U.S. citizen by that date. The measure will not apply to those who get married after that date, but it will benefit those who have done so, for instance, on June 15, because the Administration does not require a specific duration of the marriage.

The U.S. Citizenship and Immigration Service (USCIS) adds that interested parties must not have a criminal record that would disqualify them from the process, nor pose a threat to national security or public safety.

How does it affect the ‘Dreamers’?

The measure affects the so-called “Dreamers” — individuals who were brought to the U.S. as children — who are also stepchildren of a U.S. citizen. It is estimated that there could be about 50,000 of them. The requirements are not yet fully known, but they must be under 21, unmarried, and they had to be under 18 on the date their parent married.

What happened earlier with these people?

Applying for legal status implied leaving the United States first, and many people decided not to do so. Anyone who enters the country without legal papers and stays for more than a year has to leave the country for a decade before applying for permanent residency. You can request that this period of time be reduced in another country, but it is an administrative procedure that can cause a lot of uncertainty, especially due to the time it may take.

The exception to this 10-year exit rule is the humanitarian route: a T visa for being a victim of human trafficking, or a U visa for being a victim of violence or youth homelessness, but the requirements are very strict and there is a very low annual quota.

Now what?

Applicants will no longer have to wait outside the country. The Department of Homeland Security will approve their cases individually and they are given a period of three years to apply for permanent residence or a green card. They will be able to stay with their families and will be allowed to work during those three years.

When can the application be submitted?

The Federal Register has yet to publish this information, as well as the cost of applying and the documents or evidence to support each applicant’s case. The application process is expected to begin “at the end of summer,” as explained by USCIS.

How to prepare?

You have to be alert to the indications in the Federal Register, but you can move forward with paperwork that reflects how the undocumented spouse has been in the country for at least 10 years as of June 17, evidence of the legal marriage before that date, and others factors that USCIS may consider favorably in connection with the character of the applicant.

Can you apply if you are in deportation proceedings?

You can do so, and USCIS will weigh the circumstances of the deportation process and the merits of the applicant on a case-by-case basis. However, if you are in a deportation process because it is a priority case according to the guidelines issued by the Secretary of National Security, Alejandro Mayorkas, in September 2021, then you are excluded from the process.

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