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First Impression of Presidential Actions for U.S. Citizen Spouses, Children and DACA/DREAMER

Highlights from the Presidential Actions to promote family United.

 

Parole-in-place for some spouses and minor children or stepchildren of U.S. citizens.

  1. Applicants cannot file until the federal register notice is posted.  At least 60 days.  If they file early the application will be rejected.   DO NOT FILE EARLY.

  2. This program could be challenged legally and may or may not take effect if a legal injunction is issued.

  3. Applicants must have been Living in the U.S. at least 10 years.

  4. Applicants must have entered without inspection (not on a visa).   Individuals married to or minor children of U.S. citizens who entered on a valid visa are eligible for adjustment of status EVEN if they are out of status, without this law.   Exceptions are those who entered on K-1 and did not marry their fiancée and those who entered as crewmen.

  5. Applicant must be married to a U.S. citizen or be qualified to as the child or stepchild aged 21 or under of a U.S. citizen as of June 17, 2024. 

  6. Applicants must have no criminal history and does not pose a threat to national or public safety.

  7. Approval of Parole-in-Place under this program is discretionary- USCIS can deny the application based on law of good moral character or past violations other than the entry without inspection if they choose to.

  8. Eligibility for Parole is determined on a case-by-case basis.

  9. Parole will grant you a one-time 3-years of parole status and during that time,  you can apply for work authorization.

  10. During the 3-year parole grant you may apply for adjustment of status, based on an application by your U.S. citizen spouse, parent or stepparent.

  11. Please seek the right help in determining if you are qualified from a licensed immigration attorney with the experience needed to evaluate your case.  Not doing so could mean you apply for something you are not qualified for leading to denial and possibly removal proceeding against you.

 

College-educated DACA recipients and Dreamers who are qualified for nonimmigrant status such as H-1B can apply for a temporary nonimmigrant visa if

  1. Higher degree from an accredited U.S. institution or higher education = bachelor’s degree or higher

  2. Offer of employment from a U.S. employer in a field related to your degree AND the employer is willing to apply for you and pay any required costs.

  3. Highly skilled work visas include H-1B, L-1A/B in some cases, O-1, R-1, E-1/E-2 in some cases. 

  4. Note there are no H-1B visa number left for the fiscal year.   There are only 65,000 to $85,000 H-1B visa allotted each USCIS fiscal year. A lottery for H-1B will be held at the end of March 2025.    Applications will begin in the beginning of March 2025.

  5. L-1A/L-1B requires that the employee have worked abroad for at least one year and therefore, will not likely be available to this category of applicants.

  6. E-1/E-2 employees must be employees of companies that have a qualifying ownership relationship with a foreign entity.

  7. R-1 is a religious worker visa for which the job must require a degree. 

  8. O-1 is a person of extraordinary ability.   The position must require a degree relevant to the applicant’s degree and the applicant must qualified as one of extraordinary ability.

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