Undocumented Spouses of U.S. Citizens to Receive Protections Under Biden's New Plan

United States
#illegal #spouse

The Biden administration has launched a new strategy that aims to provide unauthorized immigrants married to U.S. citizens with temporary legal status and a possible pathway to citizenship. This is a huge development. These people are protected from deportation under a mechanism called "parole in place (PIP)," which makes use of immigration parole authority to provide work permits.

Understanding the Policy

The policy's primary component is the temporary legal status that unauthorized immigrants with spouses who are citizens of the United States are granted. Due to certain legal barriers in the United States, individuals are now unable to seek permanent residency if they enter the country illegally.

However, this status allows them to obtain temporary work permits. These people can potentially be eligible for green cards and, eventually, U.S. citizenship through parole in place without having to leave the nation.

Who is Eligible?

Applicants must fulfil specific requirements to be eligible for this program:

  • They have to be lawfully wed to an American citizen.
  • By June 17, 2024, they had to have been residents of the United States for a minimum of ten years. Notably, the majority of people who qualify have lived in the United States for 23 years or longer, according to the White House.

Upon approval, beneficiaries will be eligible for work permission for three years and have the opportunity to apply for permanent residency under the PIP program. They can change their status to a marriage-based green card after completing the PIP program and obtaining an I-94 travel record.

It is anticipated that this procedure will resemble the present PIP program for veterans, in which cases are generally handled expeditiously, enabling the majority of recipients to promptly submit the I-485 application to change their status to that of a green card holder.

Impact and Scope of Biden's Initiative

In advance of the next elections, progressive politicians and immigration advocacy groups have praised Biden's program as a step in the right direction that might galvanize Latino voters.

The Biden administration has already been sued for misusing its parole authority, so legal challenges are anticipated with this scheme. Notably, a similar Obama administration plan was blocked by the Supreme Court in 2016 due to a deadlock.

Notwithstanding possible legal obstacles, the Biden administration has made considerable use of immigration parole authority to resettle refugees from Haiti, Afghanistan, and Ukraine.

In addition to signalling a dramatic change in immigration law, this new strategy seeks to give hope to undocumented spouses of citizens of the United States and assistance for those currently residing here.


What is "parole in place (PIP)"?

Undocumented immigrants with wives who are citizens of the United States may apply for parole in place (PIP) to get temporary work permits and legal status. They can get over some legal obstacles and finally become citizens of the United States without having to leave the nation.

What kind of effect does this policy want to achieve?

About 50,000 undocumented children under 21 whose parent is married to a U.S. citizen and about half a million spouses of U.S. citizens are anticipated to be protected by the program. Progressive lawmakers and immigration advocacy groups view it as a positive move.


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