Biden Creates Pathway To Legal Status For Undocumented Spouses Of U.S. Citizens

by | Jun 20, 2024 | IMMIGRATION LAW


President Biden on Tuesday granted extensive new protections for hundreds of thousands of immigrants who have been living in the United States illegally for years but are married to United States citizens.

Under the new program, some 500,000 undocumented spouses will be protected from deportation and given a pathway to citizenship and the ability to live and work legally in the United States. It is one of the most expansive actions to protect immigrants since Deferred Action for Childhood Arrivals, or DACA, was enacted 12 years ago by then President Obama, to protect those who came to the United States as children.

To be considered on a case-by-case basis for a discretionary grant of parole in place under this new process, an individual 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 not have disqualifying criminal history or otherwise constitute a threat to national security or public safety and should otherwise merit a favorable exercise of discretion.

Noncitizen children of spouses who are granted parole under this process may also be considered for parole on a case-by-case basis under this process if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship with a U.S. citizen parent as defined by the Immigration and Nationality Act as of June 17, 2024.

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