On June 18, 2024, the U.S. Department of Homeland Security (DHS) announced a new
immigration process for mixed-status families, where one spouse is a U.S. citizen and the other is an undocumented individual residing in the country illegally. This new process will now allow the undocumented spouse an opportunity to legalize their status. Let's take a closer look at the program.
Program Requirements:
The program is set to take effect on August 19, 2024. To qualify for this program, applicants
must meet the following criteria:
Be present in the U.S. without official admission or parole;
Have resided in the U.S. continuously for at least 10 years as of June 17, 2024;
Be legally married to a U.S. citizen;
Have no serious criminal convictions and pose no threat to public safety.
Children of potential applicants who are also undocumented can apply for status alongside their parent, provided they are physically present in the U.S. without legal entry and have documented relationships with a U.S. citizen (e.g., through adoption).
Important Note
Details of the process will be announced later. For now, it is known that before applying for status, you must prove your eligibility. To do this, you must first apply for "parole in place". USCIS will then determine if your case meets the program's requirements. If approved, you can proceed to apply for status for both yourself and your child. If parole in place is denied, the applicant may face deportation proceedings, as required by law.
At this time, the process cannot be started. Any applications submitted before the program's official start date will be rejected. The immigration service promises to keep us informed and will soon release a Federal Register notice with information on the form name and the amount of the government fee.
What Can Be Done Now?
Although applications are not yet being accepted, you can start preparing your documents.
The document package should include:
Marriage certificate with a U.S. citizen;
Applicant's ID (passport, birth certificate, driver's license, even if expired);
U.S. citizen spouse's passport or naturalization certificate;
Documents proving you have been in the U.S. for the past 10 years (money transfers to/from you, utility bills, rent receipts, bank transactions, tax documents, etc.).
Documents for the undocumented child may include:
Documents proving the child's relationship with the U.S. citizen (birth certificate or adoption certificate);
Marriage certificate;
Proof that the child has resided in the U.S. for the past 10 years.
Since the process is just being implemented and there is not much information available, we recommend entrusting a professional law firm to manage your case and represent your interests before the immigration service. We will continue to keep you informed about updates on this promising program and plan to incorporate it into our practice.
Let’s see if the Supreme Court will let it fly.
Thank you for sharing.