If you entered the United States without inspection and are married to a U.S. citizen (or are a stepchild of a U.S. citizen), you might be able to benefit from the program. If you entered without inspection, the program might allow you to adjust status without having to leave the United States using a process called parole in place (PIP).
O n Monday, USCIS will begin accepting applications under President Biden's "Process to Promote the Unity and Stability of Families."
The official rules will be issued on Monday, August 19th, but here's what we know now.
Normally, in order to adjust status to permanent residence in the United States, you must have a lawful admission, parole, or inspection.
If you entered the United States without inspection and are married to a U.S. citizen (or are a stepchild of a U.S. citizen), you might be able to benefit from the program. If you entered without inspection, the program might allow you to adjust status without having to leave the United States using a process called parole in place (PIP).
Here are the eligibility criteria listed on the USCIS website:
- You have to be present in the United States without admission or parole
- You have to have continuous presence in the United States for 10 years as of June 17th, 2024. This means you need evidence dating back to June 17th, 2014.
- You must have a legally valid marriage to a U.S. citizen as of that key date, June 17th, 2024.
- You have to show that you merit favorable discretion by USCIS. Remember that this is a discretionary program, and approvals will be granted on a case-by-case basis.
Now is the time to begin gathering documents for your application.
I n addition to proof that you were married on June 17th, 2024, you will also need proof of your identity. While there may be options, perhaps the best would be a valid passport. Additionally, you will need proof that your spouse is indeed a U.S. citizen.
But the challenging part for many will be proving the 10 years of presence as of June 17th, 2024. The USCIS website lists many examples, including tax returns, school records, and rent receipts or utility bills.
For children of "requestors," be sure to collect evidence of the child's relationship to the parent who is not a citizen, for example, a birth certificate.
As with any program like this, there are no guarantees. And it is yet to be seen whether the program will survive almost inevitable lawsuits that will come from those who do not wish the program to continue.
Ultimately, what does all this mean? This program is a big deal because you might be able to get your green card without the risk of leaving the United States. For example, if you live in the Savannah, GA area it could mean having your green card application interview in Charleston, SC instead of a U.S. consulate abroad.
Timing could be very important with this program. For this and other reasons, consider seeking legal counsel rather than trying to do this on your own.