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New rule creates legal immigration status for certain spouses of U.S. citizens

On Behalf of | Aug 20, 2024 | Immigration, Naturalization and Citizenship Law

Imagine that you and your spouse have been living in the United States for many years — even decades — when suddenly your loved one faces deportation. This terrifying possibility hangs over the heads of hundreds of thousands of married couples in America. Now, a new rule could relieve many of them of this fear.

The new rule, announced earlier this summer by the Biden administration, creates a program to grant legal residency status to undocumented spouses of U.S. citizens. Known as “Parole in Place,” the program allows for work permits and more for these spouses, and gives them a path toward permanent residency with a green card and, eventually, possible citizenship.

Spouses who apply for the program must have lived in the United States for at least a decade, and must have been married to their U.S. citizen spouse since at least June 17, 2024. Officials said as many as 500,000 people could be eligible for the program, and the average amount of time they have been married is 23 years. Many of them have children who were born in the United States and are U.S. citizens.

Some spouses fall between the cracks

It’s common for foreign nationals to apply for and receive a green card after they legally come to the United States and marry a U.S. citizen. It’s also common for a U.S. citizen to bring a fiancé(e) to the United States using a special visa. Once a person has held a green card and lived legally in the United States for five years, they can apply for U.S. citizenship.

However, this option doesn’t work for undocumented immigrants. A person who is in the country illegally must leave the United States for an extended period before they can return and apply for a green card. Depending on how long they have been in the United States illegally, they may have to leave for 10 years before they can return.

Imagine having to leave your family for 10 years. Parole in Place promises to spare many people this horrifying scenario.