The United States immigration system is experiencing a lot of changes, particularly with the introduction of Biden’s new immigration plan that seeks to naturalize approximately 500,000 undocumented aliens married to American citizens. The plan aims to simplify the immigration process and address the challenges bedeviling the government and illegal migrants. Therefore, if you seek lawful permanent residency, a visa, or citizenship, you should understand the recent immigration plan, the changes brought about by the policy, and how it will affect your application.
Overview of Biden’s Latest Immigration Plan
The growing demand for reforms in immigration laws has seen Biden’s administration craft a new immigration policy that will introduce changes. The changes include:
- Introducing new Citizenship Pathways.
- Speeding up visa application and approval process.
- Introducing efficient pathways to work permits.
- Offering relief for families seeking reunification.
- Creating an enabling environment for immigrants to live and work in the country.
The immigration plan targets five hundred thousand undocumented aliens who are spouses to American citizens. Additionally, the plan will establish pathways for fifty thousand children of these non-citizens eligible for citizenship under the program to become US citizens.
Biden’s latest immigration plan also seeks to allow non-citizens married to American citizens to apply for lawful permanent residency or a green card without first leaving the country, as it was under the previous plan. The new plan, therefore, discourages the separation of families as the undocumented non-citizen applies for a green card while in the country, enabling the families to stay together, unlike in the past, where many families were separated for years without assurance that the party seeking permanent residency would be granted one.
However, the undocumented alien married to an American citizen must satisfy particular conditions before being eligible for a green card. First, the couple should have been married and residing in the U.S. for at least ten years as of June 17, 2024, when the new policy was introduced. The immigrant spouse should also not threaten the general public or national security.
The Department of Homeland Security (DHS) evaluates these applications case by case and only approves the green card requests that satisfy the set criteria. The plan has given DHS a 36-month window to receive these requests and allow applicants to reside in the country awaiting processing and approval of their applications. While pending the application's verdict, individuals eligible for permanent residency under the new plan will be allowed to work.
Biden’s latest policy on immigration also has a provision that safeguards Dreamers or Deferred Action for Childhood Arrivals (DACA) recipients from deportation. DACA is an immigration policy introduced in 2012 by the Obama administration, in which Biden was the Vice President. The plan offers Dreamers or children who came to the country with undocumented alien parents interim relief from deportation. Improving on this plan, the new immigration policy requires companies employing Dreamers or DACA recipients to apply for work visas on their behalf, establishing a pathway for them to acquire permanent residency.
However, these new measures by Biden’s administration come a few weeks after the government imposed stricter restrictions for asylum seekers at the America-Mexico border to regulate the increase in the number of illegal immigrants crossing through the border in the previous year. The decision to limit asylum seekers has attracted a lot of criticism, with many critics claiming the decision to close the border mirrors that of Donald Trump’s administration, which adopted hardline policies on immigration.
Fundamental Changes in the Latest Immigration Policy
The announcement of a new immigration policy and other recent measures taken by the Biden Administration in the run-up to the November elections have brought significant changes. These primary changes include:
New Citizenship Routes
The latest immigration policy seeks to establish a simplified pathway for non-residents to acquire American citizenship. With the new measures, undocumented aliens with American citizens as spouses can apply for naturalization or permanent residency while still in the country.
Previously, the immigration system required undocumented aliens married to American citizens to return to their mother country to apply for citizenship in the American consulate or embassy in their home country. Processing the application takes anywhere from 36 to 120 months, and there is no guarantee one will receive citizenship, meaning they could be denied entry into the U.S. The old policy separated many families. Those applicants who obtained citizenship returned to the country and reunited with their loved ones. Unfortunately, many families were permanently separated in cases where citizenship was denied.
Similarly, because of the lack of assurance that they will return to the country and reunite with their families, many illegal aliens married to Americans opted to stay in the country but live under the shadows instead of risking returning to their mother country and being separated from their families and with no guarantee of returning. Unfortunately, when, as an alien, you decide to remain in the country under these circumstances, you will live in the shadows and with constant fear of removal. Therefore, you cannot lawfully work and provide for your family, which is the main reason you stayed in the first place.
The recent policy is a relief to people who find themselves in these circumstances because they can complete their application and await processing while still legally living and working in America. However, to continue living and working in the country, you should have a clean criminal record and positively contribute to the country's economic development.
Additionally, when you are in the country, you are eligible for an expedited process under the Temporary or Interim Protected Status.
The new citizenship route established by the new immigration policy offers several benefits. It prevents the separation of families and eliminates the constant worry of removal. Undocumented immigrants can also lawfully work, awaiting the processing of their applications.
The recent changes in immigration policy have made it possible for undocumented aliens working in industries that run the country’s economy to obtain citizenship, enabling them to contribute more to the economy while improving their living standards.
Increased Visa Availability
The recent immigration policy emphasizes increasing the availability of different visa categories. The plan proposes an increase in the number of yearly employment-based visas. The measure aims to increase the number of skilled persons in the country to contribute positively towards economic development. Also, the increase in work visas seeks to fill the workforce deficit in various economic sectors like healthcare and engineering, where qualified personnel are scarce. The recent immigration policy has also introduced the family-based visa. Therefore, individuals who already reside in America and want to reunite with their loved ones can skip the old visa application process. The creation of a new visa category means a reduction in application backlog and simplification of the visa process.
The new measures seek to reform the visa system and make it more responsive and efficient, in addition to increasing visa options.
Increased Border Security Enforcement
The recent immigration measures announced by the government seek to improve border security by securing the America-Mexico border, implementing more advanced technology, and increasing the number of border enforcement personnel. Under the new policy, Customs and Border Protection sectors and stations must have a stipulated number of personnel with particular qualifications, like paramedic training.
The recent policy also includes a measure requiring DHS to develop and implement strategies to bring reforms in Central American countries to address the issues contributing to high immigration rates from the region to the U.S. Additionally, DHS is required to establish refugee processing centers in the target countries to address the illegal immigrant situation.
The measures seek to end illegal immigration and streamline the process for immigrants seeking legal admission into the country. By increasing border personnel and enhancing security, the new policy aims to facilitate quicker processing of asylum seekers and prevent unlawful immigration.
Protection of DACA Recipients
Many illegal immigrants bring their children with them when entering the U.S. When these children enter the country with their undocumented immigrant parents, their presence is unlawful, and they are susceptible to deportation. The Obama administration sought to protect such children by offering them interim relief from removal under the DACA program. The new policy by Biden’s administration aims to further protect DACA recipients by establishing a more streamlined way for them to obtain lawful permanent residency status or citizenship so that they can have a stable life and not live with the fear of deportation like their parents.
Dreamers with degrees from recognized U.S. colleges or universities are also eligible for an expedited work visa application process if they have an employment offer from an American employer or company in a field relating to their speciality.
Introduction of Interim Work Permits for Students and Graduates
International students and graduates can contribute immensely to the growth of the economy. The new immigration policy recognizes this, making it more flexible for those seeking to work in the country to obtain work permits quickly. The policy targets international students in sectors with high demand for skilled workers like STEM. By offering interim work permits to graduates or students in these sectors, the policy seeks to address the skill shortage and boost the economy. With the plan, highly skilled workers around the globe have the chance to contribute to economic development while they seek permanent work permits.
Simplified Visa Application Process
Applying for a visa is complex; most people turn to immigration attorneys for help. Those without the funds to hire legal counsel are forced to undergo the process alone, making many errors that delay or lead to application rejection. The recent immigration policy seeks to fix the complexity issue of visa applications, reduce the waiting time, and enhance customer responsiveness at the consulate.
The simplified visa application process allows DACA recipients and foreign graduates to receive work visas faster. The policy also wants to introduce an online tracking and communication system where visa applicants can check the progress of their applications or seek answers to their concerns without necessarily having to visit the embassy.
Curb Asylum Seeking in the US-Mexico Border
When announcing the new immigration policies, Biden announced that as much as the US wants to embrace immigration, the country cannot be reluctant when handling border security. Therefore, one of the new measures is to curb asylum-seeking at this border and develop a more organized and effective process for handling asylum seekers. However, the restriction does not favor asylum seekers because it restricts their admission into the country. The immigration measure has attracted a lot of criticism.
Effects of the Recent Immigration Policy on Californians
California has many immigrants, meaning that any changes to the immigration policy will directly impact many families, employees, and students. Therefore, undocumented aliens living in California and married to U.S. citizens should not be afraid of being separated from their families in the process of obtaining citizenship with the new measures.
Families of aliens awaiting lawful permanent residency or visa approval can rest as the citizens can easily sponsor the family members to secure green cards with fewer restrictions. Family-based visas for immediate relatives of American citizens, like immigrant spouses and their children, are prioritized in visa applications to facilitate family reunification and prevent separation, especially of children and their parents.
California companies employing Dreamers are also required to apply for work visas on their behalf, paving the way for these immigrant workers to acquire lawful permanent residency status.
Find a Proficient Immigration Attorney Near Me
If you reside in California and the recent immigration policy affects your visa application, permanent residency application, or pathway to citizenship, you should consult with an experienced immigration attorney. An attorney with experience in immigration is up to date with the recent policy changes and is better suited to explain the key changes brought by the new policy and the impact they will have on your immigration status. At the California Immigration Attorney, we have proficient attorneys who understand these laws and are ready to help you benefit from the changes if you are eligible. Call us at 424-789-8809 to evaluate your situation.