New Green Card Eligibility for Certain Undocumented Immigrants
Our country is a step closer to a more compassionate immigration system! The White House announced a major immigration plan that could change the lives of hundreds of thousands of American families and provide opportunities for immigrants to make even greater contributions to our communities. This plan allows qualifying spouses and stepchildren of U.S. citizens to stay with their families in the U.S., work legally, and apply for a green card. Eventually, they may also be eligible to become U.S. citizens. I fondly remember helping many clients obtain green cards through a similar program over 20 years ago. We would be happy to discuss your circumstances in a consultation.The Big Benefit: The best advantage of this plan is that it allows qualifying people to apply for green cards while staying in the United States, even if they entered without documents. Before this new program, these applicants had to apply for a difficult waiver to forgive their entry without documents and wait for years for a decision. Then they had to leave their homes and families in the U.S. to apply for green cards in their home countries – without a guarantee that they could ever come back.Who Can Apply: Spouses and stepchildren of U.S. citizens.Requirements for Spouses:
Entered the United States without documents and do not have legal status now.
Present in the United States on June 17, 2024.
Have been continuously present in the United States since at least June 17, 2014.
Are legally married to a U.S. citizen as of June 17, 2024.
Meet the many requirements that are applicable to all green card applicants.
Overview of Green Card Process:
Part 1: Apply for “Parole-in-Place.” Once approved, apply for an Employment Authorization Document (work permit). Both will be valid for approximately 3 years while you continue with Part 2.
Part 2: Apply for a green card while remaining in the United States.
It’s unclear what will happen to this plan if there is a new president or court challenges. An attorney can help you navigate these complexities. It might be smart to apply as soon as the government accepts applications later this summer. To succeed, there are many legal issues and requirements that need analysis and proof. For our current clients, we will let you know what to do next. If you are not a current client with an active case at our firm, you are welcome to contact us for a consultation to see how we can help you. These are exciting times!