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Positive Changes for Undocumented Spouses of U.S. Citizens: Biden-Harris Administration's New Immigration Policy

18 July 2024

Recently, the Biden-Harris Administration announced a significant change in immigration policy that offers hope and relief to many families. This new policy allows undocumented spouses of U.S. citizens to stay in the United States while their immigration applications are processed, eliminating the need to leave the country.

President Biden believes in both securing the border and keeping families together. The new policy is part of broader efforts to support immigrants contributing to American society, including defending DACA, extending healthcare coverage to DACA recipients, and expanding family reunification programs.


Implications for Undocumented Spouses


This policy change is monumental for undocumented spouses of U.S. citizens. Previously, they had to apply for a waiver of inadmissibility to avoid lengthy bans from re-entering the U.S., which often involved prolonged separations. Now, these spouses can stay with their families while their applications are processed, significantly reducing stress and disruption.

Current Eligibility Requirements


To qualify for this new process, the following requirements must be met:


  • Marital Status: The applicant must be the spouse of a U.S. citizen.
  • Undocumented Status: The applicant must currently be undocumented.
  • Good Moral Character: The applicant must demonstrate good moral character, typically having no significant criminal record.
  • Presence in the U.S.: The applicant must be physically present in the U.S. at the time of application.
  • Residency Duration: As of June 17, 2024, the applicant must have resided in the U.S. for ten or more years. On average, eligible individuals have lived in the U.S. for 23 years.


DHS Processing of Requests


The Department of Homeland Security (DHS) will process these requests on a discretionary, case-by-case basis. While the new policy provides a path forward, each case will be evaluated individually. Factors considered may include the applicant's immigration history, criminal background, and overall eligibility.


Applicants should gather thorough documentation to support their cases, including proof of marriage, evidence of continuous presence in the U.S., and other relevant information demonstrating good moral character and strong family ties.


Conclusion


The Biden-Harris Administration's new policy is a significant step toward more compassionate and family-friendly immigration practices. By allowing undocumented spouses of U.S. citizens to remain in the country while their applications are processed, the administration is prioritizing family unity and reducing unnecessary hardships.


For those affected by this change, it is advisable to consult with an experienced immigration attorney to navigate the application process and ensure the best possible outcome. At Miller and Morilla Law, we are committed to assisting families through these transitions and advocating for their rights. If you have any questions or need legal assistance, please get in touch with us.

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