The White House is considering offering legal relief to immigrants who are married to U.S. citizens but are in the country with no other pathway to lawful immigration status.  The White House is considering different options, 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 adjust status to a lawful permanent residence even if you have overstayed your visa or work unauthorized. However, to be eligible to adjust, you must have been inspected when you entered the U.S. In other words, you must have entered with a visa or valid immigration status. While the U.S. will forgive an overstay or unauthorized work if you are the immediate relative (spouse, parent, child) of a U.S. citizen, the U.S. will not forgive an illegal entry. As a result, many undocumented immigrants in the U.S. who are married to American citizens have no pathway to lawful immigration status. As such, any relief pursued by the White House would be highly beneficial to affected individuals.

Sources familiar with the discussions revealed that the Biden administration is also exploring the option of granting “parole in place” for spouses of U.S. citizens with no other available pathway. This would provide these spouses with temporary legal status, access to work permits, and potentially an eventual path to citizenship. However, these options remain under consideration, with no final determinations at this point.

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

The White House is, at the same time, faced with an unprecedented number of illegal border crossings and higher overall immigration. The White House continues to contemplate executive actions to deter migrants at the U.S.-Mexico border if crossings reach a certain level. However, there is pushback from some lawmakers and advocacy groups.

As always, ILBSG is actively monitoring updates to U.S. immigration policy. We work with our clients to ensure they get the right advice based on their individual situations. If you have any U.S. immigrations related questions, please reach out to us.

immigration relief legal relief Spouses of U.S. Citizens