Legal Status for Thousands of Undocumented Spouses of US Citizens: Path to Permanent Residency and Citizenship

By June 19, 2024 June 24th, 2024 Blog

President Biden announced a plan to allow certain qualified undocumented spouses of US Citizens and children under 21 whose parents are married to a US Citizen to be eligible to become Permanent Residents.  The plan, set to roll out by the end of the summer includes the following:

  1. Protection from Deportation
  2. Work Authorization for 3 years
  3. Ability to be Paroled in Place to be eligible to adjust status to become a Permanent Resident.
  4. Set to help 500,000 spouses of US Citizens and 50,000 children under the age of 21
  5. Eventual ability to become a US Citizen

Eligibility to date: To be eligible, qualifying spouses (and their children) must meet the following guidelines.

    1. Be present in the United States without admission or parole;
    2. Have been continuously present in the United States for at least 10 years as of June 17, 2024; and
    3. Have a legally valid marriage to a U.S. citizen as of June 17, 2024.
    4. Cannot pose a threat to public safety or have a disqualifying crime.
    5. Must apply within 3 years

For undocumented individuals who entered the country without permission, to become a permanent resident based on marriage to a US Citizen, they must leave the country to obtain a permanent resident visa and re-enter. Depending on how long the undocumented spouse has been in the country, leaving to obtain a visa would trigger a 3- or 10-year bar to re-entering.  With Parole in Place now available to eligible foreign nationals, the undocumented spouse would be able to remain in the United States and apply to become a permanent resident without having to leave the United States. The risk of being required to remain outside the US for 3 or 10 years is also alleviated.

For those undocumented foreign nationals married to US Citizens and who have stepchildren in the US, they would also be eligible for Parole in Place as well.

For more information to determine if you are eligible – please call to schedule an appointment. Our office would be happy to help take advantage of this new path

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