Skip to main content

President Biden has announced two major changes to immigration policy to help people take advantage of immigration pathways:

  1. Undocumented immigrants with U.S. Citizen spouses maybe eligible for Parole in Place
  2. 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/