The Biden administration’s Keeping Families Together program, allowing qualifying noncitizen spouses and stepchildren to apply for green cards without leaving the U.S. has been put on hold. A judge in Texas has paused the program for two weeks. The court says it is beyond the administration’s parole authority. This action comes after a lawsuit from fourteen states arguing they have a stake in the program.
The federal judge’s temporary stay allows for individuals to continue applying under the program while it’s being reviewed. The judge hasn’t yet decided if the program is legal or not.
The Keeping Families Together program started on August 19, 2024. It was designed to give qualifying noncitizen spouses and stepchildren of U.S. citizens the option to adjust their status without having to leave the country. Normally, leaving the U.S. to apply for a green card could lead to a 10-year ban on reentry. The ban discourages many noncitizen spouses of U.S. citizens from seeking legal status.
To be eligible for the program, noncitizen spouses must have been in the U.S. for at least ten years as of June 17, 2024, and be currently married. Noncitizen stepchildren must have been under 18 when they became stepchildren and must be unmarried and under 21 as of June 17, 2024. Approximately 500,000 noncitizen spouses and 50,000 stepchildren may qualify and apply for permanent legal resident status. f
The states involved in the lawsuit include Texas, Alabama, Arkansas, Florida, Georgia, and Idaho, among others. They argue that the program does not follow the Immigration and Nationality Act (INA), which requires each parole case to be considered individually and only for major public or humanitarian reasons. As such, the Keeping Families Together program does not have a legal basis. The states also claim the program imposes extra costs on states due to additional benefits that individuals can qualify for after five years.
As always, we actively monitor ongoing updates to U.S. immigration policy and programs. If you have questions about the Keeping Families Together program or any other U.S. immigration issue, contact us. Our team of experienced attorneys works directly with our clients every step of the way throughout their immigration journeys.