Corrections & Clarifications: A previous version of this story incorrectly listed the requirements for eligibility under the new executive order.
Leer en español
On Tuesday, President Joe Biden signed an executive order that would allow over half a million undocumented immigrants in the U.S. to obtain their permanent residency status without having to leave the country. This action, however, will benefit only a fraction of the estimated 11 million migrants living in the U.S. without authorization.
As immigration reform remains a debated topic in Congress, Biden's administration has taken action similar to what former President Barack Obama did in 2012 with the Deferred Action for Childhood Arrivals program, or DACA, which grants legal stay and work permits for young immigrants, commonly known as "Dreamers".
The "parole in place" executive order, implemented to “keep families together," came on the heels of another signed in early June that limits the number of political asylum cases processed at the U.S.-Mexico border.
Initial green card processes are notorious for lengthy delays, often adhered to a 10-year parole period that applicants must serve outside of the U.S. Biden's order changes that, and the impact will be exponential with over 500,000 possibly impacted.
Here's what to know.
What is Biden's new immigration executive order?
The "parole in place" executive order protects spouses and children of U.S. citizens who have yet to obtain legal status in the United States, granting permanent residency to them in an accelerated manner and without having to leave the country to serve parole.
The order also helps expedite work visas for Dreamers who have graduated college and been offered roles in U.S.-based companies.
Under the new executive order, immigrants who have crossed the border through illegal means and are married to a U.S. citizen, or are under the age of 21 whose parent is a U.S. citizen, will be eligible for the accelerated permanent residency benefit as long as they have been living in the country continuously for at least 10 years. Before this, undocumented immigrants seeking permanent residency would have to risk being sent back to their country for up to 10 years.
Applicants of the new program will be offered a three-year period, where they can apply for permanent residency and work during that time.
Who qualifies for Biden's immigration executive order?
The order addresses the status of three groups of nonresident immigrants:
- Spouses of U.S. citizens.
- Children of U.S. citizens.
- DACA recipients.
Spouses married to U.S. citizens would have to have been residing in the U.S. for at least 10 years and married as of June 17, meaning unmarried mixed-status couples will not be able to apply even if they get married after this date.
Those who qualify on average have been married for 23 years, making about 500,000 spouses and 55,000 children eligible.
Dreamers who want to apply for expedited work visas must have received an academic degree from a U.S. institution and been offered a job position that matches their degree from a U.S.-based company.
Does this executive order change who qualifies for a green card?
No. Spouses and nonmarried children of U.S. citizens are already eligible to apply for permanent residency.
Under current immigration law, to apply, many noncitizens must first depart the United States and wait to be processed abroad, often in their native country, "resulting in a prolonged, potentially indefinite, period of separation from their U.S. citizen family members and causing tremendous hardship to all concerned," according to the Department of Homeland Security.
Biden's executive action speeds up the process and allows applicants to legally remain in the U.S. as they await a response on the green card application.
How do you apply for the new immigration benefit?
The program should be in place by the end of the summer, Biden said on Tuesday, but additional guidelines on how the program will work and how to apply have yet to be disclosed by the United States Citizenship and Immigration Services.
Because of this, immigration experts have asked potential beneficiaries to be cautious when seeking help.
Immigration attorney Emilia Pañuelos warned undocumented immigrants seeking to apply to be weary of scams from people and services promising a secured spot in the new program in exchange for a down payment.
“There's always fraud. Fraud on behalf of the people who pay thousands of money when sometimes it's not even in effect yet," Pañuelos said.
She said the best thing to do is check with multiple immigration attorneys on what the new process is and who qualifies before actually applying.
Immigration resources in Arizona
While Biden's new plan will likely take months before eligible undocumented immigrants can apply, many organizations in Arizona currently offer services that can assist immigrant community members.
Poder Latinx hosts workshops throughout the year that help immigrants apply for residency and become naturalized citizens. Find them at: 1616 E. Indian School Road, Suite 480, Phoenix, info@poderlatinx.org, https://poderlatinx.org/.
Latinos United for Change in Arizona offers help with DACA applications, residency renewals and the naturalization process. Find them at: 5716 N. 19th Ave., Phoenix, 602-388-9745, https://www.luchaaz.org/.
Phoenix Legal Action Network offers legal support for non-detained immigrants in Arizona by representing them before court in immigration cases. Find them at: 602-730-1726, info@planphx.org, https://planphx.org/.
The Florence Project offers legal representation for detained immigrants and education services related to immigration processes in Arizona. Find them at: Phoenix line 602-307-1008, Tucson line 520-777-5600, firrp@firrp.org, https://firrp.org/.
Reach La Voz reporter Erick Treviño at erick.trevino@gannett.com.
