At Essential Legal Planning (“ELP”), we understand the complexities and challenges of immigration laws and policies. We are committed to staying updated with the latest changes to provide our clients with the best possible guidance and support. Recently, President Biden announced new actions aimed at keeping families together and providing a pathway to legal residency for many undocumented immigrants. Here’s what you need to know about these important updates:
- Protection from Deportation: Undocumented spouses of U.S. citizens, who arrived unlawfully (i.e., not through an airport or point of entry), who have lived in the U.S. for at least 10 years are eligible for protection from deportation.
- Work Permits: Eligible individuals will be able to apply for work permits, allowing them to work legally in the U.S.
- Path to Permanent Residency: The new policy provides an easier path to obtaining a “green card,” helping families stay together while adjusting their immigration status.
- Application Timeline: Those who qualify will be granted up to a 3 year parole period to apply for permanent residency or adjustment of status (Form I-485 and Form I-130) and may be eligible for a 3 year work permit during this period. At the end of the 3 year period, USCIS anticipates that the applicant spouse will have either a pending adjustment application or final adjustment adjudication (i.e., “green card”).
- Impact on Families: This initiative is expected to benefit over 500,000 spouses of U.S. citizens and 50,000 young people under 21 whose parent is married to an American citizen.
Who Is Eligible?
You may be eligible for these new protections and benefits if:
- Residency Duration: You have lived in the U.S. for at least 10 years as of June 17, 2024.
- Marital Status: You are legally married to a U.S. citizen for at least 10 years as of June 17, 2024.
- Be present in the U.S. without admission or parole (meaning you did not go through the standard immigration process or inspection by an immigration officer when entering the U.S., such as an airport).
- Legal Requirements: You meet all applicable legal requirements for applying for permanent residency, such as do not have a criminal history or pose a threat to national security.
What We Don’t Know about the New Action Plan:
- Cost of the application.
- Application process.
The application process is expected to begin later this summer. ELP will continue to monitor and provide additional guidance on these requirements. Please email olesya@essentiallegalplanning.com or call us today at (202)743-1656 if you would like additional information. Our dedicated team is here to support you every step of the way!
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