The Department of Homeland Security (DHS) has introduced a new process to promote family unity and stability among immigrants. The new family immigration process streamlines the pathway for noncitizen spouses and children of U.S. citizens. This process lets families obtain immigration parole and stay together during their immigration cases.
Recently, the Biden administration has implemented new measures under the USCIS family unity guidelines. The new process includes provisions for granting immigration parole for spouses and children of U.S. citizens. This ensures that families can remain together during the immigration process. The Biden immigration program includes this initiative to create a more humane and efficient immigration system. Our team at Law Office of William Jang, PLLC, is here to share more information about the changes in the family immigration process, the eligibility criteria, the application process, important dates, and precautions against immigration scams. Call us today or contact us online to learn more.
Eligibility Criteria
Eligibility for the family unity program requires applicants to meet specific criteria.
To qualify for a discretionary parole grant on an individual basis through this procedure, you must meet the following criteria:
- Reside in the United States without admission or parole immigration status;
- Demonstrate uninterrupted presence in the U.S. for a minimum of 10 years by June 17, 2024;
- Hold a legally recognized marriage to a U.S. citizen by June 17, 2024;
- Show eligibility for a favorable exercise of discretion.
Candidates must meet the eligibility requirements for entry to the United States. Indicating that they do not have any disqualifying criminal records or immigration violations. In addition, the applicant must demonstrate that they are the spouse of a U.S. citizen. Proof of a valid marriage is required. Children of noncitizen spouses who are under 21 and not married may qualify for parole under this program.
Application Process
Officials have not yet formally published the specific details about the application process for the new family immigration process. It is essential to understand that the current process requires several key steps to ensure a smooth application journey. Here’s a comprehensive breakdown:
- Form I-131F – The first step is to complete and submit Form I-131F, the Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. This form is an essential part of the process as it establishes your intent to bring your loved ones together in the United States.
- Supporting Documentation – After submitting the form, you’ll need to gather and provide various supporting documents. This includes proof of your relationship with the U.S. citizen, such as a marriage certificate or birth certificate for any children involved. Additionally, you should include evidence that confirms the U.S. citizen’s immigration status, which could be a passport, green card, or other official documentation. Make sure to double-check for any other required documents that could strengthen your application.
- Biometrics Appointment – After you submit your application and documentation, they will schedule you for a biometrics appointment. This step involves providing your fingerprints and photographs, which are essential for background checks and identity verification by U.S. immigration authorities.
- Processing Time – The processing time for parole requests can vary significantly depending on several factors. This may include the number of applications they are processing at the time. However, applicants should generally expect to receive a decision within a few months of submission.
- Approval and Entry – Once your application is approved, the noncitizen spouse and any eligible children will be granted parole, allowing them to enter the United States. This provision enables families to reunite and remain together while their immigration cases are processed.
Since the office has yet to accept applications for this new process, those interested in applying are encouraged to gather the necessary documents as soon as possible.
Key Dates for Application Submission and Process Commencement
- Start Date – The new family unity process began accepting applications on August 19, 2024.
- Deadline – There is no specific deadline for application submission, but applicants are encouraged to apply as soon as possible to take advantage of the new provisions.
Scam Prevention
With any new Biden immigration law, there is an inherent risk of scams and fraudulent services that specifically target some of the most vulnerable individuals within our communities. These scams can take many forms, preying on the hopes and fears of those seeking a better future. Here are a few essential steps you can take to protect yourself from scams:
- Verify Information – Always verify any information you receive from official sources, such as the USCIS website. It is also good to consult a licensed immigration attorney who can provide accurate legal advice and help you better understand the applicable immigration laws.
- Beware of Promises – Exercise caution when dealing with individuals or organizations that make bold promises of guaranteed approval or expedited processing in exchange for money. Legitimate immigration processes can be lengthy and extremely complicated, and no one can guarantee a specific outcome.
- Avoid Unlicensed Services – Steer clear of unlicensed immigration consultants. These individuals are not legally authorized to provide legal advice or services, and relying on them can lead to significant complications in your immigration journey. Always check credentials and ensure that you are working with qualified individuals.
- Report Scams – If you suspect that an immigration scam has targeted you, it is vital to take action. Report the incident to the Federal Trade Commission (FTC) and the USCIS. Reporting scams can help protect others from similar experiences and enable authorities to take action against fraudulent entities.
Contact Our Austin Immigration Attorney Today
The new family immigration process introduced by the DHS represents a significant step toward promoting family unity and stability among immigrant families. If you are considering applying for yourself or a loved one, call us today at (512) 323-2333 or contact our Austin immigration attorneys at Law Office of William Jang, PLLC for a consultation. Our dedicated team is available to explain your rights and take the necessary actions to protect them. Explore our cases and see the scope of other services our firm offers.
