On June 18, 2024, the Biden Administration announced two exciting new actions to provide affirmative relief for certain noncitizens married to U.S. citizens and college-educated DACA recipients who have job offers in high-skilled sectors. Details of both actions are still being finalized, and the family unity program is expected to launch later this summer when the U.S. Citizenship and Immigration Services (USCIS) publishes the final eligibility criteria and application process.

The Family Unity Program will provide relief from deportation and a green card pathway to noncitizens who are married to U.S. citizens as of June 17, 2024 and have lived in the U.S. for 10+ years. The relief will be provided for a specified period of time through a "parole in place" (PIP) program.

Under this new program, parole is available to noncitizens who would otherwise be eligible for lawful permanent residence status (a "green card") with the sponsorship of their U.S. citizen spouses, but do not qualify for the adjustment of status process because they entered the U.S. without permission. Absent this relief, these same individuals would instead be required to complete processing of their green card applications in their home countries abroad, which could result in long-term separation or even a ten-year penalty before being permitted to return to the U.S. with lawful permanent resident status. In addition to eligible noncitizen spouses, the family unity program will grant relief to minor children and stepchildren of the U.S. citizen spouse.

Applicants will be required to pass background checks and demonstrate they do not pose a threat to national security or public safety, and eligibility will be determined on a case-by-case basis. Relief can be granted only for a one-time period of up to three years, and recipients may be eligible for employment authorization during this period. If granted relief, the recipients will be required to apply for a green card through the adjustment of status process within three years of approval.