President Biden announced an executive action protecting undocumented spouses of U.S. citizens from deportation. Protection extends to the children of these families. Qualifying individuals can apply for permanent legal status (green card status) without leaving the U.S. The policy affects an estimated 500,000 foreign spouses and 50,000 individuals under the age of 21. The policy provides a path to U.S. citizenship.

The policy is focused on noncitizens who have lived in the U.S. for a minimum of 10 years, as of June 17, 2024, and are legally married to a U.S. citizen. Each case will be assessed individually. If approved, undocumented spouses of U.S. citizens can apply for permanent resident status while also being given work authorization. It’s estimated that the spouses eligible to apply have already been in the U.S. for 23 years, on average.

Deferred Action for Childhood Arrivals (DACA) recipients who earned higher education degrees and are looking for work in the same field may also qualify for work visas. The policy is expected to receive legal challenges. As more details are released, ILBSG will provide updates.

If you have questions about the policy or any other family-based or employment-based immigration issue, contact us. Our team of experienced attorneys work directly with each client to ensure they get the right advice for their particular situation.

undocumented Spouses