The “door” to legalization has shifted to America! Spouses of U.S. citizens who entered illegally but have been in the U.S. for 10 years or longer as of June 17, 2024, can now legalize their status in the U.S. without leaving.
No longer will spouses who entered illegally must fear leaving the U.S. and facing uncertain re-entry for legal status. This is due to a new "parole in place" legalization program implemented by the Biden administration on June 17, 2024.
What does this mean for immigrants? Those directly eligible include undocumented immigrant spouses of U.S. citizens who, as of June 17, 2024:
A. Entered the U.S. illegally and are currently present;
B. Have been residing in the U.S. for 10 years or more;
C. Have no significant criminal record;
D. Were married to a U.S. citizen as of June 17, 2024;
E. Do not pose a threat to national security.
It's important to note that the Department of Homeland Security (DHS) will establish guidelines and application procedures soon. Applications will undergo scrutiny, including background checks, and approval is not automatic. However, qualified applicants who submit their applications will be eligible to obtain legal status in the U.S., receive work authorization, and start the process to become Lawful Permanent Residents (Green Card holders) while remaining in the U.S. without the need to leave and re-enter.
Additionally, undocumented children who meet the criteria of this program will also be able to legalize their status in the U.S.
As always, a thorough background review of potential applicants must be conducted before applying. This review should include dates of entry to the U.S., types of entry (if multiple occurred), criminal history, past immigration applications, border crossings, detentions, and removals. While many individuals may be eligible, those who are not eligible and submit an application that is denied could face potential removal or enforcement proceedings.
Therefore, it's crucial to consult with legal counsel before applying and to seek assistance only from qualified and experienced professionals.
At Mathur Law Offices, we have over two decades of experience handling immigration cases and boast the most esteemed immigration lawyers. Mr. Mathur is Board Certified in U.S. Immigration Law by the Texas Board of Legal Specialization.
If you would like to schedule a consultation, please book online at: https://www.mathurlawoffices.com/online-booking/ or call us at 866-BE-LEGAL (866-235-3425).
Sanjay S. Mathur, Attorney at Law