President Joe Biden announced a forthcoming Department of Homeland Security (DHS) rule to allow noncitizen spouses and children of U.S. citizens to apply for lawful permanent residence without leaving the country.
In order to be eligible, noncitizens must have—as of June 17, 2024—resided in the U.S. for 10 or more years and be legally married to a U.S. citizen, while satisfying all applicable legal requirements. Those who are approved after DHS’s case-by-case assessment of their application will be afforded a three-year period to apply for permanent residency. They will be allowed to remain with their families in the United States and be eligible for work authorization for up to three years. This will apply to all married couples who are eligible.
Today’s announcement will also allow some Deferred Action for Childhood Arrivals (DACA) recipients and other so-called “Dreamers” to more swiftly get work visas if they have earned a college degree at an accredited U.S. institution and received an offer of employment from a U.S. employer in a field related to their degree