If you are an undocumented migrant married to an American, and you were already in the United States by June 17, 2014, there is good news. President Joe Biden announced that those spouses who meet the eligibility criteria will be eligible to get a green card without having to travel to their country of origin to make the request.
It is currently possible to obtain lawful permanent residence status as the spouse of a U.S. citizen. But first, the spouse must leave the country and risk spending up to 10 years abroad without being able to return to their family.
The “parole in place” (PIP) plan also covers non-citizen children under 21 years of age. According to the calculations of Biden administration officials, this new executive order would benefit some five hundred thousand families and fifty thousand children.
The Announcement
President Joe Biden announced the measures on June 18 at an event to celebrate 12 years of Deferred Action for Childhood Arrivals (DACA). He stressed that the new policy's objective is for families to stay together. “They have been living here for an average of 23 years, contributing to our country, paying taxes, but with uncertainty. I am going to fix that problem today,” he said. “They will be able to have long-term legal status so that those spouses and children who have been here for more than 10 years can remain in the country without fear of being deported.”
“There is a system, but it is very difficult,” Biden said. The president was referring to married migrants who are in the United States without permission or who stayed in the country after their visa had expired. The Immigration and Nationality Act (INA) establishes that people must leave the country for up to ten years and ask for a pardon from the U.S. from their countries of origin before returning to the U.S.
The announcement comes two weeks after another order went into effect that prevents certain migrants who cross the border illegally from receiving asylum, in addition to facing expedited deportations to Mexico or their countries of origin. On this point, Biden highlighted that, after implementation, arrests of migrants at the border have decreased by 25%.
Who Are the Beneficiaries?
To be eligible, undocumented spouses must:
- Have physically been in the United States since June 17, 2014 or before.
- Be legally married to a U.S. citizen by June 17, 2024.
- Not pose a threat to national security (pass criminal checks).
- Comply with all the procedures that will be published in the Federal Registry.
Noncitizen minor children must have at least one undocumented parent married to a U.S. citizen. Requests will be reviewed on a case-by-case basis. Once approved by the Department of Homeland Security (DHS), the beneficiaries will be able to process permanent legal residence within a period of three years and have a work permit valid for three years.
Eventually, eligible undocumented migrants will be able to become citizens as long as they comply with the law.
Who Is Not Eligible?
People who arrived after June 17, 2014 will not be eligible for the PIP, even if they are married to U.S. citizens. People with a final deportation order, those who left without permission and returned again illegally, and those who have a criminal record will not be able to obtain the benefit, either.
If you have questions about your eligibility, it is always advisable to consult with an experienced immigration law attorney to review your case. There may be options.
A Benefit for Young Professionals
The measure also includes visas for foreign professionals who graduated from an accredited American institution of higher education with a job offer in their area. This includes DACA recipients.
DACA beneficiaries, or "dreamers" as they have been called, now have the opportunity to apply for a work visa while still in the U.S. as long as the employer offering them the position is willing to sponsor them. All the details of this measure have not yet been released, but there are permanent work visas such as the EB-3 which allow migrants to obtain a green card.
How and When to Apply
You will still have to wait a few months to apply under the program. The final regulation will be made public toward the end of the summer. At that time, applications will begin to be received. However, immigration is a hotly contested issue during this election year and challenges to Biden's new measures are likely.
For now, the important thing is that a way has been opened to naturalize many people who, despite being married to U.S. citizens and having been in the country for decades, remain without documents because they do not want to separate from their families. Now, they have the possibility of obtaining a green card without leaving the country.
If you are a potential beneficiary of the measures announced by Biden, it is important that you stay tuned for the official publication of the rules and any legal action that occurs around the announcement so that you start your application on time.
This blog originally appeared on abogado.com by Mairim Gomez. Used with permission. Read it in Spanish.
Related Resources
- The Basics of Naturalization (FindLaw's Learn About the Law)
- Green Cards (FindLaw's Learn About the Law)
- What Is DACA: Deferred Action for Childhood Arrivals? (FindLaw's Learn About the Law)
