Biden Program to Help Undocumented Spouses of US Citizens

On June 18, 2024, President Biden announced a program which would enable over 500,000 undocumented spouses of U.S. citizens to apply for green cards without having to leave the U.S. The program is also expected to benefit around 50,000 undocumented children.

To qualify, the undocumented spouse must:

  •    Be present in the United States without admission or parole;
  •    Have been continuously present in the United States for at least 10 years as of June 17, 2024;
and
  •    Have a legally valid marriage to a U.S. citizen as of June 17, 2024.

In addition, individuals must have no disqualifying criminal history or otherwise constitute a threat to national security or public safety and should otherwise merit a favorable exercise of discretion.

Those who are approved after DHS’s case-by-case assessment of their application will be afforded a three-year period to apply for permanent residency. They will be allowed to remain with their families in the U.S. and be eligible for work authorization for up to three years.

Disclaimer: This newsletter is not intended to establish an attorney-client relationship. All information contained in this newsletter is generalized. Any reliance on information contained herein is taken at your own risk.