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Are you undocumented and married to a U.S. Citizen?

On Behalf of | Jul 3, 2024 | Immigration Law

A new Process to Promote the Unity and Stability of Families announced by President Biden may help you.

On June 18, 2024, President Biden announced significant immigration actions. These actions will help certain undocumented individuals in the United States were married to  U.S. citizens as of June 17, 2024 and who have been living in the United States for at least 10 years.

The Department of Homeland Security (DHS) has explained they will consider, on a case-by-case basis, a discretionary grant of parole in place for certain noncitizen spouses of U.S. citizens, who as of June 17, 2024:

  • are in the United States after entering without permission;
  • have lived in the United States for at least 10 years and have never left;
  • are legally married to a U.S. citizen or have a qualifying stepchild relationship with a U.S. citizen; and
  • do not have certain criminal history or pose a threat to national security or public safety.

Undocumented individuals who are married to U.S. citizens, including those who may be eligible for an I-601A, Application for Provisional Unlawful Presence Waiver (or who even have an I-601A pending) may qualify for this new program.  If eligible, these noncitizens will be able to apply for lawful permanent residence without leaving the United States to apply for an immigrant visa at a US Embassy.

Please note, this program has NOT YET begun.  DHS has explained that they will publish more information regarding eligibility and the application process soon.  U.S. Citizenship and Immigration Services will reject any filings received before the application period begins later this summer.

This program could also be legally challenged, which could affect its implementation. This makes it even more important to have a qualified, knowledgeable attorney.

We encourage you to contact our office if you have any questions.