Biden’s plan to grant status to undocumented spouses of citizens

undocumented spouses

At Quiroga Law Office, PLLC., we have been closely monitoring recent reports suggesting the possibility of a new executive order from President Biden. Although there are no official confirmations yet, it appears that the administration is considering granting significant immigration benefits to undocumented immigrants married to U.S. citizens.  

From our perspective as immigration attorneys, we believe this measure would be crucial for maintaining the unity of our families. We will also analyze how these situations might influence status adjustments and what the impact of Biden’s plan could be.  


Adjustment of Status for Immigrants Married to Citizens  

The adjustment of status for those who have entered the United States irregularly presents various complications. Here are some key points:  

  • Undocumented Stay: Those who have been undocumented for more than 180 days face a three-year ban; more than one-year results in a ten-year ban. 
  • Entry with Visa: Those who entered with a visa, such as for tourism or work, and then let it expire can adjust their status under certain conditions: 
  1. Possession of a verifiable authorized entry 
  2. Approval of a family petition prior to 2001 under section 245(i) 
  3. Direct familial relationships with a military member


How Does Biden Plan to Grant Status to Undocumented Spouses of Citizens?  

Facing with these challenges, the Biden Administration is considering granting temporary legal status and work permits to undocumented immigrants married to U.S. citizens.  

This rule is still under discussion but could significantly change millions of immigrants’ lives. Currently, about 1.1 million immigrants could benefit from this measure, with advantages such as:  

  • Acceleration of Legal Processes: Shorter waiting time for adjustment of status  
  • Avoiding Family Separation: This would reduce the risk of having to leave the country during the immigration process. 
  • Protection Against Deportation: Lower threat of deportation while awaiting status adjustment.

Moreover, we must remember that, given the proximity of the elections, each political decision can have significant implications for electoral support.  


What Could Happen to Undocumented Spouses?  

At Quiroga Law Office, PLLC., we emphasize the importance of staying informed about the legal alternatives available and the possible new rules that could profoundly reform the U.S. immigration landscape.  

If Biden plans to grant status to undocumented spouses of citizens, families will benefit from staying together, transforming the way these cases are handled.  

For this reason, it is crucial to understand all the details and prepare for the possible changes that may arise. In our firm, we will continue to monitor the development of this proposal, ensuring that we offer current and relevant information that can benefit our immigrant community. 

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