The White House is considering various ways to offer legal support to immigrants who are married to American citizens but are in the country with no other way to become legal residents. Various options are being considered by the White House including: providing temporary legal status and work permits to qualifying individuals.

Under U.S. immigration law, if you are married to a U.S. citizen, you are eligible to gain lawful permanent residence status even if you have overstayed your visa or work unauthorized. However, to be eligible, you must have entered with a visa or valid immigration status. The U.S. will forgive an overstay or unauthorized work if you are the immediate relative (spouse, parent, child) of a U.S. citizen. However, the U.S. will not forgive an illegal entry. This is why many undocumented immigrants in the United States who are married to American citizens have no pathway to lawful immigration status. Therefore, any support considered by the White House would be very beneficial to these spouses.

Sources familiar with the discussions shared that the Biden administration is also considering the option of granting “parole in place.” This would provide these spouses with temporary legal status, access to work permits, and potentially an eventual path to citizenship. However, at this point, these options are only under consideration. No decisions have been made at this point.

There are an estimated 1.1 million immigrants living in the U.S. without legal status who are married to U.S. citizens, according to data from FWD.us. The current request is to address an ongoing need. Previously, a group of lawmakers pushed for protection for spouses of U.S. citizens who are otherwise ineligible to adjust status, but, so far, no legal measures have passed.

At the same time, the White House is faced with an unprecedented number of illegal border crossings and higher overall immigration. Executive actions to deter migrants at the U.S.-Mexico border if crossings reach a certain level continue to be considered by the White House. However, there is backlash from some lawmakers and advocacy groups.

As always, we actively monitor updates to U.S. immigration policy and work with our clients every step of the way. If you have any U.S. immigrations related questions, please reach out to us.