Just days after taking a hard line with restrictions on asylum policy, President Joe Biden tried to go in another direction this week to protect undocumented spouses of U.S. citizens and their stepchildren from deportation. It is a measure that allows these people to apply for permanent residence, a work permit and facilitate their path to citizenship. There are some procedural issues that will not be known until they are published in the Federal Register, but for now this is what is known:
How many people does it affect?
The White House estimates that half a million married people – the undocumented spouses of citizens – can benefit, and about 50,000 more people who correspond to the children of the undocumented spouse from a previous relationship, that is, the stepchildren of the citizen. The Government considers that the majority of these people have been in the country for more than 20 years and most of them arrived from Mexico.
This process is not open to those who entered the country with a visa and extended their stay.
Are there other requirements besides family ties?
Those who benefit from this change must have been in the United States for at least 10 years until June 17, 2024 and be legally married to a citizen until that date. The measure will not benefit those who get married tomorrow, but it will benefit those who have done so, for example, on June 15 because the Administration does not require a specific duration of the marriage.
The Immigration and Citizenship Service adds that interested parties must not have a criminal history that would disqualify them from the process, nor constitute a threat to national security or public safety. They are also asked to be discreet.
How does it affect the ‘dreamers’?
The measure affects the dreamers who in turn are stepchildren of a US citizen. It is estimated that there will be about 50,000. The requirements are not yet fully known, but it is known that they must be under 21 years old, not married, and they must be under 18 on the date their parent married.
What happened before with these people?
The process implied leaving the United States and many decided not to do so. Anyone who enters the country without legal documents and stays for more than a year has to leave the country for a decade before applying for permanent residency. You can request that this period of time be reduced in another country, but it is an administrative process that can cause a lot of uncertainty, especially due to the time it may take.
The exception to this 10-year exit rule is the humanitarian route: a T visa for being a victim of human trafficking, a U visa for being a victim of violence or homeless youth, but the requirements are very strict and there is a very low annual limit. .
And now?
These people will not have to face waiting outside the country. The Department of Homeland Security will approve their cases individually and they are given a period of three years to apply for permanent residence or green card. They will be able to stay with their families and will be allowed to work during those three years.
When can the application be submitted?
The Federal Register has yet to publish what the implementation of the process will look like and explain the process, in addition to expanding the requirements, the cost of the application, which is not yet determined, and the documents or evidence that support each applicant’s case. The application process is expected to begin “at the end of summer,” as explained by USCIS.
How to prepare?
You have to be attentive to the indications in the Federal Registry but you can move forward with documentation that reflects how the undocumented spouse has been in the country for at least 10 years until June 17, evidence of the legal marriage until that date and others factors that USCIS may consider favorably relative to the character of the applicant.
Can you opt out if you are in deportation proceedings?
They can do so, USCIS will weigh the circumstances of the deportation process and the merits of the applicant on a case-by-case basis. However, if you are in the deportation process because it is a priority case according to the guidelines of the Secretary of National Security, Alejandro Mayorkas in September 2021, then the beneficiary is excluded from the process.
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