The Biden administration program offering qualifying noncitizen spouses and stepchildren the option to apply for green cards without leaving the U.S. has been paused. A Texas judge paused the mixed status parole program for fourteen days. The court states the program exceeds the administration’s parole authority. This is a response a group of fourteen states lawsuit, claiming they have a standing in the program.

The federal judge imposed the administrative stay to the program to allow for closer review. The temporary stay allows for applications to continue to be accepted under the program. Further, the judge did not suggest a likely outcome, whether finding the program legal or not.

The Keeping Families Together program opened on August 19, 2024. The program gives qualifying noncitizen spouses and stepchildren of U.S. citizens the option to adjust their status without leaving the country. If individuals are in the U.S. without a legal basis and leave the country to apply for legal status, as is required outside the program, there is a 10-year reentry ban. As a result of the ban, some noncitizen spouses of U.S. citizens choose to not pursue legal status.

To qualify for the program, noncitizen spouses must be physically present in the U.S. for a minimum of ten years as of June 17, 2024, and have a current valid marriage. Noncitizen stepchildren must have been under 18 when they became stepchildren, must be unmarried and under 21 years of age as of June 17, 2024. An estimated 500,000 noncitizen spouses and 50,000 stepchildren could meet the requirements and apply for permanent legal resident status.

The states filing the lawsuit include Texas, Alabama, Arkansas, Florida, Georgia, and Idaho, among others. Per their filing, the Immigration and Nationality Act (INA) requires the government to consider parole cases one by one, and only for significant public benefit or urgent humanitarian reasons. As such, the mixed status parole program does not have a legal basis. The states claim they have standing in the issue due to additional costs that individuals can qualify for after five years, including public assistance programs.

As always, ILBSG actively monitors 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 experience attorneys work directly with our clients to ensure they get the right advice.

 

Keeping Families Together Mixed Status Parole