Biden’s Program to Assist Undocumented Spouses of American Citizens

On June 18th, the Department of Homeland Security (DHS) announced a groundbreaking new initiative aimed at promoting family unity for undocumented immigrants married to U.S. citizens. This significant policy shift allows noncitizen spouses, who have lived in the United States for at least ten years, to apply for lawful permanent residence without the need to leave the country.

Key Features of the New Policy
The new policy, known as “Parole in Place” (PIP), seeks to grant temporary legal status and work permits to undocumented individuals who are married to U.S. citizens and have resided in the United States for at least ten years as of June 17, 2024. This legal status would enable them to work legally and protect them from deportation while they navigate the process of adjusting their immigration status.
Under PIP, recipients can apply for permanent residency (green cards) and eventually pursue U.S. citizenship without the need to leave the country, a departure from current requirements that often force individuals to return to their country of origin to apply for legal status. This is especially significant as it helps avoid long-term family separations and the associated emotional and financial hardships.

Eligibility
To be considered on a case-by-case basis for this process, an individual must meet the following criteria:

• They must be legally married to a U.S. citizen as of June 17, 2024,
• They must not pose a threat to public safety or national security and must have no disqualifying criminal history,
• They must have been present in the United States without admission or parole,
• They must have been continuously present in the United States for at least 10 years as of June 17, 2024,
• They must merit a favorable exercise of discretion.

The Application Process
Eligible individuals will be able to apply for lawful permanent residence without leaving the United States.
The application process will involve filing a form with U.S. Citizenship and Immigration Services (USCIS), providing supporting documentation, and paying a fee. DHS will review each application on a case-by-case basis, taking into account factors such as previous immigration history, criminal background, and the results of background checks.
The application process is expected to open by the end of summer 2024.

Impact on Families
The new policy is expected to have profound impacts on mixed-status families. By allowing undocumented spouses to legalize their status without fear of deportation, families can stay together and participate more fully in society and the economy. This is not just a matter of immigration policy but also of human rights, as it addresses the precarious situation faced by many families who live in constant fear of separation.
This policy is expected to benefit nearly 500,000 undocumented spouses of U.S. citizens and an additional 50,000 non-citizen children under the age of 21 whose parent is married to a U.S. citizen.
Noncitizen children may also be considered for parole under this process if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship to a U.S. citizen as of June 17, 2024.

For further information or questions you may have, please feel free to contact The Law Offices of Michael H. Markovitch.