The Biden administration announced that starting August 19, 2024, the green card application process will begin for certain spouses and children of U.S. citizens who are currently living in the U.S. unauthorized. This program allows eligible individuals to apply for lawful permanent residency without having to leave the country.

Eligible individuals include noncitizen spouses who have been married to a U.S. citizen for at least ten years and have been living in the U.S. continuously since June 17, 2014. Each application for permission to stay will be reviewed case by case. If approved, individuals can apply for a green card based on their marriage to a U.S. citizen without leaving the country.

Applications open on August 19, 2024. Any applications submitted before that date will not be considered. Detailed instructions and requirements will be published in the Federal Register soon.

Qualifying Individuals:

•  Individuals who want to apply for permission to stay in the U.S. under this program must meet these requirements:
• They must currently be in the U.S. without parole or admission.
• They must have been living continuously in the U.S. for at least 10 years by June 17, 2024.
• They must be legally married to a U.S. citizen as of June 17, 2024.
• They should not have a criminal record that would make them a threat to public safety or national security.
• They should generally have a good chance of getting approval.
• Additional details about who can apply will be in the Federal Register notice coming soon.
• Some noncitizen children of applicants may also qualify if they were in the U.S. by June 17, 2024, without permission and have a stepchild relationship with a U.S. citizen.

Timeline:

The application process hasn’t started yet. As always we will let our readers know when the Federal Register notice is published with more information. Don’t apply for this program before August 19, 2024. Required forms and fees will be in the Federal Register update. Updates will also be on the Process to Promote the Unity and Stability of Families webpage.

What to Do Now:

• Start getting ready. If you think you qualify, gather information and proof of eligibility including:
• Evidence of your marriage to a U.S. citizen by June 17, 2024.
• Identification proof, like expired driver’s licenses, birth certificates with photos, valid passports, or any government document with your name, birth date, and photo.
• Proof of your spouse’s U.S. citizenship, such as a Naturalization Certificate, passport, or birth certificate.
• Evidence that you’ve been in the U.S. for at least 10 years by June 17, 2024, like rent receipts, utility bills, school or medical records, bank transactions, or tax returns.
• For children of applicants who are not U.S. citizens:
• Proof of your relationship to your parent, like an adoption decree or birth certificate.
• Proof that your parent is legally married to a U.S. citizen by June 17, 2024.
• Proof that you were in the U.S. by June 17, 2024.

Don’t try to apply before August 19, 2024. U.S. Citizenship and Immigration Services (USCIS) and ILBSG warn against responding to any offers to apply early. If you’re contacted by someone suspicious, report it on the Report Immigration Scams webpage.

If you have questions about family visas or other immigration issues, contact us. Our clients value our expertise and service, and our team of experienced attorneys work directly with our clients every step of the way.