President Joe Biden is using his executive authority to implement a new program that will allow about a half million undocumented spouses of U.S. citizens to become legal permanent residents (green card holders). Eventually, if they choose, they can then apply for U.S. citizenship. The program extends to their children under 21 (stepchildren of U.S citizens), who are estimated to number 50,000.
The spouses must have lived in the U.S. continuously for at least a decade and be legally married to a U.S. citizen. In fact, according to the Department of Homeland Security (DHS), those spouses who qualify for the program have actually been here, on average, more than twice that long.
What protections are offered by the program?
Under the new Parole in Place program, these unauthorized immigrants would not have to return to their home country and then re-enter the U.S. to qualify for a green card, which is the usual process. Because leaving the U.S. after being here for so long would mean they’re unable to return for at least ten years, they typically can’t qualify for a green card the traditional way. That’s why many spouses in “mixed-status” families have chosen to remain undocumented.
That means they face the risk of deportation and have limited job and other opportunities. Under the new program, they can get work permits and protection from deportation. President Biden said that those who qualify for the program can “file paperwork for legal status … allowing them to work while they remain with their families in the United States.”
Essentially the same program has been available for years to unauthorized immigrant spouses and stepchildren of military servicemembers. The new program is expected to be open for applications before fall of this year. It still may have its challenges by individual states that have sued the Biden administration in the past over immigration and other policies that they contend are illegal.
It remains to be seen what happens in our state. In the meantime, Kentuckians who have questions or concerns about their immigration status or that of a loved one can seek legal guidance.
