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Spouses may soon be able to apply for residency without leaving the country

On Behalf of | Aug 18, 2024 | Immigration Law

If you are married to a United States citizen, you may want to apply for permanent residency. However, the need to leave the country to do so may be stopping you. 

Many spouses of U.S. citizens have left the country to file their green card application only to be refused reentry because they were here illegally before leaving.

The Department of Homeland Security (DHS) recently announced it will be implementing steps to remove the need to leave the country for some spouses. Applications are scheduled to open on August 19. 

Here is what you can do now

First, check if you meet the requirements. You’ll need to have lived here for at least 10 years. You’ll also need for the DHS not to view you as a threat to public safety or national security.

You will have to back up your application with certain documents which you can start gathering now. Ones you may need include:

  • Your marriage certificate showing you are married to a U.S. citizen
  • Identity documents such as a valid driving license or passport
  • Documents proving you have lived here continuously for at least 10 years, such as bills, medical records, school records, car registration documents or tax returns

If your children are not U.S. citizens you may also be able to apply for them to receive the same exemption from the need to travel outside the country to apply for permanent residency. You’ll need to provide documents that prove their presence here as well as their relationship to you.

If your application is successful the DHS will grant you “parole in place” allowing you to apply for permanent residency without having to leave your family and travel overseas to do so. 

Seeking legal guidance to find out more is a wise first step to take.