President Biden recently announced a new policy that offers significant relief to many immigrant families in the United States. This executive action allows certain undocumented spouses and children of U.S. citizens to apply for legal residency without leaving the country. Here’s what you need to know about this new policy, its requirements, and how to prepare.
What is Biden’s New Policy About?
The new policy allows undocumented spouses and children of U.S. citizens to apply for lawful permanent residency (a green card) without having to leave the United States. This change helps keep families together and provides protection against deportation while the application is processed.
Requirements for the New Program
Here’s what we know so far about the requirements to qualify for this new program:
- Married to a U.S. Citizen: You must be legally married to a U.S. citizen.
- Living in the U.S. for 10 Years: You must have lived in the United States for at least 10 years before June 17, 2024.
- No Criminal Record: You must not pose a threat to public safety or national security and have no criminal record.
It’s important to note that if you entered the United States after June 2014, you are not eligible for this program. The Department of Homeland Security (DHS) will evaluate each case individually. Once your application is approved, you will have a three-year period to apply for permanent residency, during which you will receive a work permit and protection against deportation.
How to Start Preparing
- Gather Evidence: Start collecting all documents that prove your stay in the country. This includes rent receipts, utility bills, and any other proof of residence.
- Stay Up-to-Date with Taxes: Ensure you have paid your taxes for the past 10 years. Collect documents that show your tax payments.
- Medical Records: If you have visited a doctor over the years, keep your medical records and bills as proof.
- Bank Statements: Gather your bank statements from the past 10 years.
- Request a FOIA: This is the most important tip. Request your history with USCIS through a FOIA (Freedom of Information Act) request. This can be done online and will provide a complete record of your immigration history.
What to Look Out For
Be cautious, as the executive action announced by President Biden is not yet confirmed. Some states might challenge it, arguing that it is unconstitutional. This could delay the implementation of the program.
Many people are falling for false promises and starting their applications prematurely. Although the announcement is promising, we cannot celebrate victory just yet! It’s wise to start preparing but not to hire a lawyer until the program is officially in effect.
Avoid Scams
This new executive action is still very recent, and we haven’t seen anything similar since DACA was announced in 2012. This situation can be an opportunity for scammers to take advantage of immigrants who are not fully informed.
Our First Recommendation:
If this program becomes effective, hire an immigration lawyer. Before working with any lawyer, read their reviews and make sure they are licensed in one of the 50 states. It’s crucial to work with someone trustworthy.
An estimated half a million people could benefit from this program, which is significant for the immigrant community in the United States. Unfortunately, those who recently entered the country will not be able to benefit. Do not believe in false promises.
How We Can Help You
President Biden’s new policy is a hopeful step forward for many immigrant families. At Saavedra & Perez Law, we are committed to helping our clients navigate these changes and prepare for the opportunities ahead. Stay informed, start gathering your documents, and be ready for when the program officially begins. Together, we can work towards a brighter future for all immigrant families. If you have any questions or need guidance, please contact us at Saavedra & Perez Law. We are here to help you every step of the way.