What Is President Biden’s Affirmative Relief Announcement?
Jennifer Cory, Jeffrey Widdison
Womble Bond Dickinson
On June 18, 2024, President Biden announced new pathways to legal immigration status for two groups: college-educated “Dreamers” and certain American family units.
Group 1: College-Educated DACA Recipients and “Dreamers” Who Qualify for Nonimmigrant Visa Status
“Dreamer” is a term generally used to describe an undocumented individual who was brought to the U.S. as a minor child and was raised and educated in the U.S. Most are unfamiliar with their country of nationality. President Obama established the Consideration for Deferred Action for Childhood Arrivals (“DACA”) program in 2012 to provide these individuals with work authorization benefits and protection from deportation. Some may also be eligible for other types of temporary relief, such as Temporary Protected Status (“TPS”).
Because most Dreamers were undocumented at one point, they cannot “fix” their immigration status without first leaving the U.S. and obtaining a new visa at a U.S. consulate abroad. Departing the U.S. then subjects them to a 3- or 10-year bar to returning to the U.S. absent a grant of a discretionary waiver. This makes leaving the U.S. to apply for a visa extremely risky.
President Biden’s announcement provides for preferential treatment to Dreamers in the visa application process and reduces the risk in departing the U.S to obtain a visa. To qualify, the visa applicant must:
https://www.jdsupra.com/legalnews/what-is-president-biden-s-affirmative-4301944/
