President Biden announced a new policy to protect undocumented spouses of U.S. citizens from removal. This protection also extends to the family’s children. Under this policy, eligible individuals can apply for permanent legal status (a green card) without leaving the U.S. About 500,000 foreign spouses and 50,000 children under 21 could benefit from this change, which also provides a path to U.S. citizenship.

The policy targets noncitizens living in the U.S. for at least 10 years as of June 17, 2024, and are married to a U.S. citizen. Each application will be reviewed on a case-by-case basis. If approved, these undocumented spouses can apply for permanent resident status and receive work permits. On average, the spouses who are eligible have already been in the U.S. for 23 years.

Additionally, Deferred Action for Childhood Arrivals (DACA) recipients who have earned higher education degrees and are seeking jobs in their field may also qualify for work visas under this policy. While this policy might face legal challenges, we will keep everyone updated as more information becomes available.

If you have questions about this policy or any other immigration issues related to family or employment, contact us. Our team of experienced attorneys work directly with each client, every step of the way through their immigration journey.