As early as this week, the Biden administration is expected to announce a significant new policy that could dramatically alter the lives of hundreds of thousands of undocumented immigrants married to U.S. citizens. This proposed policy aims to grant temporary legal status and a potential path to citizenship for these individuals by utilizing the immigration parole authority. Here's an in-depth look at what this means and how it could impact many families across the nation.

Parole in Place: An Overview

The policy under consideration is known as “parole in place” (PIP). Parole in place allows undocumented immigrants who are married to American citizens to receive temporary work permits and legal status. More importantly, it provides a mechanism to bypass certain legal obstacles that currently prevent these individuals from obtaining permanent residency if they entered the U.S. illegally. With parole in place, beneficiaries can eventually qualify for green cards and, subsequently, U.S. citizenship—all without needing to leave the country.

What Does This Mean for You?

Though all the specifics of the proposal are not yet known, it appears the policy will involve an adjustment of status through the Parole in Place program. This process is distinct from directly obtaining a green card. However, once undocumented spouses go through the PIP program, they will receive an I-94 travel record. This record is critical as it makes them eligible to adjust their status to a marriage-based green card.

The anticipated process is expected to be similar to the current military PIP program, although the type of evidence required might vary. Typically, these cases are processed expeditiously, allowing most beneficiaries to file for the I-485 application to adjust their status to a green card holder almost immediately after parole is granted.

Impact and Scope

While the proposal's details are still being finalized, sources indicate that it will primarily benefit long-term undocumented residents rather than recent arrivals. Estimates suggest that around 1.1 million undocumented immigrants in the U.S. are married to American citizens. This policy could provide a much-needed sense of security and opportunity for these individuals and their families.

For those who qualify, this policy represents a monumental shift. It not only offers immediate relief in the form of work permits and protection from deportation but also opens the door to a more stable and secure future through potential citizenship. 

Next Steps

If you or a loved one might benefit from this policy, staying informed is crucial. Keep an eye out for the official announcement and subsequent guidelines. Consulting with an immigration attorney can provide clarity and assistance as you navigate this new opportunity.

At Saluja Law, we are committed to helping our clients understand and make the most of these significant legal changes. If you have any questions or need legal assistance regarding the new policy, please do not hesitate to contact us.

Conclusion

The Biden administration's expected announcement is a hopeful development for many undocumented immigrants married to U.S. citizens. By leveraging the parole in place program, this policy could pave the way for hundreds of thousands of individuals to achieve legal status and eventually, citizenship. Saluja Law will continue to monitor the situation and provide updates and support to those affected by this important policy change.

For more information or to schedule a consultation, please visit our website or call our office.