President Biden has invoked sections 212(f) and 215(a) of immigration laws to issue a new proclamation and rule that restricts asylum access for migrants entering the United States between ports of entry. In response to heightened immigration challenges, DHS is preparing to establish a case-by-case process for certain noncitizen spouses of U.S. citizens who have lived in the U.S. for at least 10 years. This initiative aims to facilitate their application for lawful permanent residence (green card) without requiring them to leave the country. DHS estimates that approximately 500,000 noncitizen spouses and 50,000 children could benefit from this program. Eligibility criteria will include demonstrating no threat to public safety or national security, eligibility for adjustment of status, and meriting a favorable exercise of discretion. Detailed guidelines, including how to apply and specific eligibility requirements, will be published soon in the Federal Register.
Remzi Guvenc Kulen, Esq.
Kulen Law Firm, P.C.
