You may have heard about President Biden’s new immigration initiative for spouses of U.S. citizens, but it’s not in force yet. Here are the key things you need to know about this new program, courtesy of the American Immigration Lawyers Association.

Affirmative relief will be available for spouses and children of U.S. citizens who:

  • Are in the U.S. without permission;
  • Have lived in the U.S. for at least 10 years and have never left;
  • Are legally married to a U.S. citizen or have a qualifying U.S. citizen stepchild; and
  • Have no criminal history and do not pose a threat to national security or public safety.

Qualifying individuals may be granted parole-in-place (meaning they would be given a legal status without departing/re-entering the U.S.), employment authorization for up to three years, and may be able to apply for a green card.  Eligibility will be determined on a case-by-case basis.

Although the idea for this program has been announced, it has not yet begun.  You cannot apply for this relief at this time.  First, details on the official start date and how to apply must be published in the Federal Register.  It is expected that this information will be published by the end of the summer, but the timeline is not guaranteed.  It’s also likely that the program will be challenged in court, which could halt its implementation.

Beware of notarios and other “consultants” who promise immediate results or special solutions for your loved one in exchange for a fee.  Unfortunately, there are many unscrupulous individuals out there who will use your hopes against you to steal your money.  It’s very important to seek legal advice from a qualified immigration attorney, especially when it comes to new and potentially complicated programs like this one.

Have questions?  Contact Best Law Offices for a free consultation!