President Biden has announced two major changes to immigration policy to help people take advantage of immigration pathways:
- Undocumented immigrants with U.S. Citizen spouses maybe eligible for Parole in Place
- DACA recipients and DREAMers may be eligible for a D3 waiver
WHAT IS PAROLE IN PLACE?
- When an immigrant marries a U.S. Citizen, they become eligible for a green card.
- If the immigrant has entered the US without inspection, in order to get that green card, that immigrant must go back to their home country and apply through a U.S. consulate there.
- Since 1996, someone who has been in the country without authorization for over 6-12 months automatically triggers a ban on re-entering the U.S. for 3-10 years.
- Many immigrants cannot afford to leave their families to process the green card, so they have not adjusted their status.
- Parole in place provides a lawful entry, and so allows many of them to adjust their status from inside the U.S. without having to return to their home country.
WHAT IS A D3 WAIVER?
- A D3 waiver is a “forgiveness” from DHS for many kinds of immigration violations.
- Examples of those violations include being unlawfully present in the U.S.
- DACA recipients and DREAMers without DACA may have at least one of these violations since they were brought to the U.S. as children
- These violations prevent DREAMers from changing their status through employer sponsorship.
- A D3 waiver “forgives” unlawful presence so that a Dreamer can be sponsored by their employer for a temporary working visa (which can be an important step to a green card.
- With the D3 waiver and temporary visa, the Dreamer is not dependent on DACA continuing.
WHO EXACTLY IS ELIGIBLE?
- Unfortunately, we don’t know who exactly will benefit at this time. Biden announced the program on June 17, but the actual changes have not been written yet.
- From the announcement we know DACA recipients and some other DREAMers without DACA may be eligible for d3 waivers.
- We also know that undocumented spouses of U.S. citizens may be eligible for parole in place if they have been married since June 17, 2024 and have been living in the United States for 10 years.
- Beyond that, we will need to wait for the final language from the agencies.
Demographics of Undocumented of Spouses of US Citizens Potentially Eligible for Relief
U.S. | Eligible Undocumented Spouses Married to U.S. Citizens | Average Age | Average Years in the U.S. | Additional $ Added to Economy if U.S. Citizens | Additional $ in Combined Taxes if U.S. Citizens | % in Labor Force | % Working in Shorthanded Industries | Total U.S. Citizens Living in a Family with an Eligible Undocumented Spouse Married to a U.S. Citizen |
TOTAL | 500,000 | 40 | 23 | $6.6 billion | $2.6 billion | 81% | 67% | 1.4 million |
HTW “Base” STATES | ||||||||
California | 120,000 | 41 | 24 | $1.6 billion | $679 million | 81% | 64% | 354,000 |
Colorado | 12,000 | 39 | 22 | $141 million | $52 million | 86% | 82% | 32,000 |
Florida | 27,000 | 43 | 22 | $317 million | $110 million | 88% | 76% | 72,000 |
Illinois | 21,000 | 41 | 24 | $273 million | $111 million | 84% | 63% | 62,000 |
New York | 20,000 | 43 | 23 | $439 million | $252 million | 83% | 69% | 56,000 |
Texas | 111,000 | 39 | 22 | $1.5 billion | $512 million | 76% | 67% | 317,000 |
Utah | 6,000 | 37 | 23 | $94 million | $35 million | 83% | 76% | 17,000 |
HTW “SWING” STATES | ||||||||
Arizona | 15,000 | 36 | 23 | $358 million | $122 million | 80% | 67% | 43,000 |
Georgia | 12,000 | 39 | 23 | $145 million | $52 million | 71% | 45% | 38,000 |
Nevada | 10,000 | 41 | 25 | $165 million | $45 million | 83% | 82% | 34,000 |
North Carolina | 10,000 | 40 | 23 | $100 million | $30 million | 77% | 62% | 27,000 |
Pennsylvania | 7,000 | 41 | 21 | $84 million | $37 million | 81% | 56% | 20,000 |
Wisconsin | 3,000 | 37 | 22 | n/a | n/a | 92% | 51% | 7,000 |
TOTAL/AVG | 374,000 | 39.31 years | 22.46 years | $5.516 billion | $2.065 billion | 82.23% | 66.85% | 1,019,000 |
SOURCE: FULL DATA SET: https://www.fwd.us/news/parole-in-place-citizen-spouses/