Biden Announces New Program for Undocumented Spouses of U.S. Citizens
President Biden has recently proposed a program that would allow certain undocumented spouses of U.S. citizens (and their children) to obtain work authorization and legal permanent resident (“LPR”) status while remaining in the United States.
Under this program, the Department of Homeland Security (“DHS”) will consider, on a case-by-case basis, requests by undocumented spouses of U.S. citizens if they meet the following criteria:
Entered the U.S. without inspection;
Have been continuously present in the United States for 10 years or more as of June 17, 2024;
Are legally married to a U.S. citizen as of June 17, 2024;
Are not a threat to public safety or national security;
Are otherwise eligible to apply for adjustment of status; and
Merit a favorable exercise of discretion.
If eligible, noncitizen spouses can apply for “parole in place,” which would then allow them to apply for lawful permanent residence without leaving the United States. DHS estimates that approximately 500,000 noncitizen spouses of U.S. citizens could be eligible, averaging 23 years of residence in the United States without status. Additionally, DHS estimates that approximately 50,000 children of these spouses will also become eligible for this measure.
Without these measures, undocumented spouses of US citizens have to leave the United States to apply for immigrant visas at the US Consulate in their home country, which is a costly and uncertain process for many families because there is little visibility on how long they will have to stay outside the US or whether they will even be approved.
Please note this program is not yet in effect. DHS will publish a draft rule in the coming months, detailing the application process, form and fees. We will continue to monitor this development and provide updates as they become available.
This alert is for informational purposes only. Please contact us if you would like to discuss this development further.