Family unity is a cornerstone of a healthy society, providing emotional support and stability to individuals. Recognizing the importance of keeping families together, President Biden announced a new program on June 17, 2024, aimed at helping undocumented immigrants who are married to U.S. citizens obtain legal status.
I’ve been receiving a lot of messages from people wanting to know the details of this program and if it applies to them. In this blog, I will break down the program for you.
Eligibility Criteria
You may be eligible if you answered “yes” to questions 1-4:
- Were you present in the U.S. on June 17, 2024, without status?
- Have you been living in the U.S. continuously for the last 10 years? (From June 17, 2014, to June 17, 2024)
- Are you legally married to a U.S. citizen for the last 10 years? (You must have been married to a U.S. citizen on June 17, 2024. Marriages after June 17, 2024, do not qualify.)
- Do you have any favorable discretion that immigration can consider? This includes good character, family ties, etc. USCIS will provide more details on this when they start accepting applications.
Other Considerations That May Affect Eligibility
- Have you been arrested, cited, or charged with a crime? If yes, you may not be eligible. People who pose a threat to national security or public safety are not eligible. Immigration will clarify what they mean by significant and non-significant misdemeanors.
- Are you in removal or deportation proceedings? If you are in removal proceedings (i.e., a case before an immigration judge), you may apply if you answer “Yes” to 1-4. However, USCIS will factor in the circumstances that led to your removal or deportation proceedings in determining whether to grant you this benefit.
- Have you had any prior immigration violations (i.e., deportation/removal, permanent bars, etc.)? If yes, you may not be eligible. Immigration will clarify and give further guidance on this question.
For Undocumented Stepchildren
Stepchildren may also benefit if they can show that their parent:
- Married the U.S. citizen stepparent when the stepchild was under 18 years old.
- Has been legally married to a U.S. citizen for 10 years as of June 17, 2024.
- Was present in the U.S. on June 17, 2024.
- Have a relationship with their U.S. citizen stepparent.
What This Means for You
If you are eligible for this program:
- You will receive a work permit for three years.
- You can apply for resident status or a green card during those three years.
Please note, this program is NOT active yet, and you CANNOT apply now. Follow my Facebook page (Law Office of Dahlia Castillo) for updates on if and when this program will begin. Also note that this program may be challenged, as we are in an election year.
In the Meantime, You Can Start Preparing Your Documents
- Birth certificate
- Marriage certificate
- Divorce certificate (to prove any previous marriage was legally terminated)
- Proof of volunteer work (e.g., church or school) and proof of paying taxes (especially with your ITIN)
- Proof of continuous residence in the U.S. for the last 10 years
- Criminal disposition for any arrest, citation, or charge
If you have any questions or need further assistance, please do not hesitate to contact my office. We are here to help you navigate this new opportunity.
Immigration Attorney
If you have a complicated immigration situation and want to resolve it with someone you trust, with experience and patience, do not hesitate to schedule an appointment with the Law Office of Dahlia Castillo.
We focus on all types of immigration cases, including those related to all questions you may have regarding asylum, U visa, VAWA visa, DACA, and fiancé visa.
We are licensed to work throughout the United States!
