Breaking News: Biden Administration Considers Protection for Undocumented Spouses of U.S. Citizens!!

In this video, we share some big news recently announced by the Biden administration.

The President has issued a new executive action on immigration that will soon allow undocumented spouses of U.S. Citizens to apply for permanent residence without having to depart the United States, if they have resided in the United States for at least ten years as of June 17, 2024.

Who does this apply to?

This order applies to undocumented spouses of U.S. Citizens who entered the country without inspection and have continuously resided in the United States since their entry.

Later this summer, the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) will implement Biden’s new program called “parole in place” which will allow such undocumented spouses to apply for their green cards.

Those who are approved for “parole in place” will be given a three-year period to apply for permanent residency. During this period, spouses can remain with their families in the United States and be eligible for work authorization.

The government estimates that at least 500,000 spouses of U.S. citizens could be eligible for parole, and approximately 50,000 dependent children could also qualify.

At a Glance

Those who are eligible will receive:

  • Temporary Legal Status: undocumented spouses will receive temporary legal status, protecting them from deportation.
  • Work Permits: The parole program will also allow spouses to obtain work permits, known as employment authorization documents (EAD)
  • Path to Residency: Spouses of U.S. citizens can also apply for permanent residency during the parole period from inside the United States
  • Eligibility: To be eligible, the individual must have lived in the U.S. for at least 10 years and be legally married to a U.S. citizen as of June 17th. The application process will open by the end of the summer.

What are the requirements for spouses to be eligible for parole and legalize their status in the United States?

To be considered for a discretionary grant of parole in place under this process, spouses of U.S. Citizens must:

  • Be present in the United States without admission or parole;
  • Have been continuously present in the United States for at least 10 years as of June 17, 2024; and
  • Have a legally valid marriage to a U.S. citizen as of June 17, 2024
  • Have no disqualifying criminal history or otherwise constitute a threat to national security or public safety and
  • Merit a favorable exercise of discretion to receive parole

 When will the program be available?

This program is expected to launch by the end of the summer after a Federal Register notice detailing the application process and other information is formally published.

The Federal Register notice will provide additional guidance on requirements to be considered for parole in place. This notice will explain what forms to file, the associated filing fees, any required documentation, and supporting evidence that will be needed to request parole in place.

Why is the parole program so beneficial?

The new “parole in place” program will allow spouses of U.S. Citizens to remain in the United States while undergoing the green card process with USCIS. Previously, undocumented spouses of U.S. Citizens were required to apply for an “extreme hardship” waiver and travel outside of the United States to legalize their status.

This process tore families apart and created much fear and uncertainty during the application process.

Biden’s new executive action on immigration will make the process of applying for a green card much easier by keeping families united.

How can I prepare?

Although applications for parole in place will not be accepted until the end of the summer, those who are eligible can start to gather documentation to establish continuous residency in the U.S. for at least 10 years, evidence of a legally valid marriage to a U.S. citizen as of June 17, and any other evidence showing a positive impact on the community.

For more information, please check out our helpful links below.

Contact Us. If you would like to schedule a consultation, please text 619-569-1768 or call 619-819-9204.

Helpful Links


Need more immigration updates? We have created a new facebook group to address the impact of the new executive order and other changing developments related to COVID-19. Follow us there.

For other COVID 19 related immigration updates please visit our Immigration and COVID-19 Resource Center here.