Published: August 16, 2024
Several alternative data sources indicate that the undocumented population in the US has likely increased over the past two years. According to the Department of Home Security (DHS) estimate, from April, the country’s unauthorized immigrant population grew from 10.5 million in January 2020 to 11 million by January 2022.
Of these, California and Texas continued to be the leading states of residence for undocumented immigrants. They each had 2.6 million and 2.1 million undocumented residents, respectively. Combined, the two states accounted for 42 percent of the unauthorized immigrant population.
The series of immigration actions announced on June 18, 2024, will protect certain individuals of these undocumented groups. While the exact outcome of these actions remains unknown at this time, they will undeniably affect millions of people who have recognized the US as their home for many years.
In this post, ALG Lawyers, Los Angeles Immigration Lawyers, highlights the notable changes brought about by the recent Affirmative Relief Announcement to the immigration landscape. Likewise, we’ll walk you through what these actions mean for you and your loved ones.
Key Details of the Affirmative Relief Announcement
The Affirmative Relief Announcement introduced several changes to the existing immigration process to clarify the process for certain applicants.
In particular, these initiatives aim to preserve the unity of specific American family units with undocumented members. They also seek to provide employment paths for college-educated DACA recipients and Dreamers in the US.
In the subsequent sections, we’ve highlighted the essential details of the recently announced immigration actions and why they are significant for the aforementioned groups.
Spouses and children of American citizens residing in the US for 10+ Years
American citizens can sponsor their foreign spouses and children for lawful permanent residence. However, non-citizen family members who enter the country without permission can face a lengthy and complex process to obtain legal status.
The process often involves a mandatory interview at a US consulate abroad and can subject undocumented family members to re-entry bars. This further leads to prolonged separation from family and creates uncertainty about returning to the US.
With the newly announced immigration actions, qualified spouses and children of US citizens residing in the US can apply for parole-in-place. This program allows them to secure temporary work permits and complete the green card process without leaving the country.
College-educated DACA recipients and Dreamers eligible for nonimmigrant visas
The established policy for Deferred Action for Childhood Arrivals (DACA) in 2012 grants work permits and protection from deportation to undocumented young immigrants like Dreamers.
Due to their undocumented entry into the US at one point, most Dreamers cannot modify their immigration status without first exiting the country. They must undergo the lengthy visa application process at a US consulate abroad. These unpredictable processing timelines can put them at risk for a 3- or 10-year bar.
The new series of immigration actions will allow certain Dreamers and other college graduates to secure expedited waivers and employment authorization more easily. Approved individuals will eventually spend less time waiting outside the country to obtain a work visa.
How You Can Benefit from the Newly Announced Immigration Actions
The recent affirmative relief announcement offers new immigration pathways aimed at helping US citizens with undocumented spouses and children, as well as DACA recipients and Dreamers with non-immigrant status.
Understanding the benefits of such pathways in depth is critical to making informed decisions and leveraging the available opportunities more effectively. In these instances, consultation with a competent immigration lawyer will be valuable.
However, for a starter, here’s an overview of how the new pathways to legal immigration status can immensely benefit specific American family units and undocumented individuals:
Enhanced legal protection from deportation
Through the recently announced immigration actions, eligible individuals can gain enhanced legal protection from deportation. The DHS anticipates that around 500,000 noncitizen spouses of US citizens could qualify for this new protection.
Most of these individuals have stayed in the US for 23 years. They can remain to do so while processing their legal status without returning to their home country. This can help preserve family togetherness, eliminate the constant fear of removal, and open an opportunity to eventual citizenship.
More accessible employment authorization
Because of expedited waivers, securing employment authorization is now more accessible for college-educated Dreamers and eligible individuals. With a permit to work legally in the US, recipients can access opportunities for higher-paying jobs, career growth, and better financial support for themselves and their families.
Better access to essential public benefits
Fear of deportation usually prevents families from seeking various government programs for education and healthcare. With lawful residency status and work permits, undocumented individuals will have improved access to these essential public benefits.
What To Expect for The Application Process
A Federal Register notice will provide further details on how to apply for these new programs. Immigration hasn’t fully outlined its regulations. For instance, it remains unclear which crimes will be grounds for disqualification.
Yet, thus far, the US Department of State (DOS) has issued an updated guidance through the Foreign Affairs Manual (FAM) on July 15, 2024. Its primary goal is to simplify the nonimmigrant visa waiver process for Dreamers. With expedited visa processing, this group of individuals can begin working in the US and contribute to the economy without unnecessary delays.
Additionally, US Citizenship and Immigration Services (USCIS) will open the applications for eligible undocumented spouses and children of US citizens on August 19, 2024. They will decline any applications filed before the indicated date.
In the meantime, potential applicants must consider seeking proper legal assistance. Relying on incorrect information and advice can hinder one’s ability to stay in the US, obtain lawful status, or acquire US citizenship.
Understand Your Rights With ALG Lawyers
Once it’s available, the new protections from the Affirmative Relief Announcement present a life-changing opportunity for the undocumented immigrant population. However, its implementation may be subject to legal challenges. Remember, demonstrating eligibility is imperative, so having an experienced attorney specializing in immigration law to represent you is equally vital.
Our team at ALG lawyers is committed to advocating for our clients’ needs and rights, including those seeking Affirmative Relief. Let us assist you with the process of understanding your rights and addressing any immigration-related concerns. Contact us now for an initial consultation.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)