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President Biden's Executive Action: Information & Resources

On June 18th, 2024, President Biden issued an Executive Action which will allow spouses of US citizens to apply for Parole in Place which would give Oregonians work authorization and a pathway to permanent residency and, eventually, citizenship. Before today’s reform, spouses of US citizens would have had to leave the country to apply, risking permanent separation from their children, spouses, and communities.

As part of the executive action, President Biden also ordered that the immigration agencies create a streamlined process for DACA recipients to obtain access to the H1-B nonimmigrant visa program. This will enable DACA recipients to obtain nonimmigrant employment-based visas.

Info Sessions- Free to attend, all are welcome!

ECO, in partnership with community organizations, is hosting information sessions across Oregon and online to provide accurate and up-to-date information about President Biden’s recent executive action. 

Our sessions will feature experts who can answer questions about the executive action and its impact on our immigrant community.

Note: This resource page is constantly being updated, please check back for addition information and more info session dates!

Monday, June 24th

Where: Facebook Live- Alivio Laboral de Oregon
Time: 12 P.M.

Sunday, June 23rd

Where: PCUN
Time: TBD

Saturday, June 29th

Where: Adelante Mujeres
Time: TBD

FAQ

common questions

Some 16,000 mixed status families in Oregon will be able to come out of the shadows and fully participate in our civic life. Undocumented spouses of US citizens who have been continuously present in the United States since at least June 17, 2014 and have a valid marriage to a U.S. citizen before June 17, 2024 may apply for  temporary immigration status, qualify for work authorization, and under the Parole in Place (PIP) program, they may be able to apply for permanent residence based on the marriage in Oregon, and thus avoid the arduous, lengthy and complicated travel abroad. Fewer Oregon families will be separated. 

It is estimated that up to  16,400 Oregon families will be positively impacted. These families are deeply rooted in Oregon having lived in the United States for at least a decade and many others for nearly two decades and are critical parts of the Oregon labor force. These mixed-status families would be able to contribute hundreds of millions of dollars to our collective economic prosperity which, for Oregon, means an estimated $65 million in taxes.

The Executive Action by President Biden will take effect when the rules are formally published in the Federal Register. The President has directed USCIS to issue additional guidance on the process. The program is based on the President’s use of his executive authority. Under a new president, the program might not be extended.  

In many cases, an individual who is approved for parole in place may be able to apply for permanent residence. Generally, parole allows an immigrant to file for adjustment of status from parole status to permanent residence. 

Individuals who may be eligible for permanent residence must independently qualify for it and not be inadmissible to the United States, among other requirements. Our current immigration system allows undocumented spouses of U.S. citizens to obtain green cards, but the legalization process requires leaving the U.S. — with the possibility of not being allowed back in for 10 years.

The application period will open later this summer. USCIS will reject applications filed before the application period begins. The President has directed USCIS to issue additional guidance and the rules for the program will be formally published in the Federal Register. ECO will notify community based organizations when we have additional information to share about when the application period begins. 

To be considered for parole, individuals must file a form with USCIS after the application period begins. Applications must contain evidence demonstrating that the individual is eligible, pays a fee for the process, undergoes a background check which includes fingerprinting and biometrics, and possibly additional steps. According to the President’s announcement, each application will be considered on a case by case basis and will take into account the applicant’s previous immigration history, criminal history, the results of the background checks, national security and public safety vetting, and other relevant information.

To be considered for parole, individuals must file a form with USCIS after the application period begins. Based on the President’s announcement, there are two groups of people who are eligible for the expanded parole-in-place program. The announcement explains that additional information about the process will be issued by USCIS. To be considered on a case-by-case basis for this process, an individual must: 

  • Be present in the United States without admission or parole;
  • Have been continuously present in the United States for at least 10 years as of June 17, 2024; and
  • Have a legally valid marriage to a U.S. citizen as of June 17, 2024.
  • In addition, individuals must have no disqualifying criminal history or otherwise constitute a threat to national security or public safety and should otherwise merit a favorable exercise of discretion.

 

Children are also eligible. Children of the applicant may also apply if they are physically present in the United States without admission or parole and were under 18 years of age when their parents married creating a qualifying stepchild relationship to the U.S. citizen as of June 17, 2024.  

Yes. The President has directed that the immigration agencies work together to streamline the process for DACA recipients to obtain a pathway to nonimmigrant, temporary employment-based visas including H1-B specialty occupation visas. Tens of thousands of DACA recipients have bachelors or advanced degrees. The President has directed that the process to obtain all the necessary paperwork, including what is called a “(d)(3) waiver”, be streamlined and clarified. 

Yes. Equity Corps of Oregon, our universal representation program, will provide statewide support including free access to lawyers and accredited representatives, and, for those eligible, access to legal clinics and representation. Because of the incredible advocacy of our immigrant community, Oregon is poised to respond immediately to changes like this in our immigration policies. The passage of SB 1543 Universal Representation created the Equity Corps of Oregon (ECO) program which provides centralized and coordinated immigration legal services to Oregonians.

Yes, Equity Corps of Oregon supports immigrant Oregonians in all phases and parts of the immigration journey, including parole in place, work authorizations, TPS applications, DACA renewals, adjustment of status, and family petitions. Oregonians who need access to immigration lawyers, regardless of the application type can get support from ECO. ECO will provide statewide support including free access to lawyers and accredited representatives to help Oregonians eligible for the executive action to get legal advice, and if eligible, legal representation in order to apply.

 

Equity Corps of Oregon is committed to supporting Immigrant Oregonians, including those who may be impacted by any recent shifts in Immigration Law. ECO will be offering clinics and other ways to help ensure that all those who are eligible for temporary immigration relief through this order, have the legal resources they need. 

At this time, it is not possible to say. President Biden is expected to keep the Executive Action in place if he is re-elected. Regardless of the administration, we know that there are likely going to be threats and legal challenges to any executive action.