A new policy announced by the Biden administration on Tuesday will create a pathway to citizenship for approximately half a million immigrants who are married to American citizens but lack legal status in the United States.
This initiative represents one of President Joe Biden’s most comprehensive immigration policies, addressing long-standing demands from immigrant advocates.
Understanding the New Policy:
Previous Process:
Under existing U.S. immigration law, an American citizen can typically sponsor their spouse for a green card if the spouse is living in the U.S. However, if the spouse has been residing in the U.S. illegally, the process becomes significantly more complex.
Such individuals often need to leave the U.S. and apply for reentry from their home country. Depending on the length of their unauthorized stay in the U.S., they might be required to remain abroad for three to ten years before they can reapply to return. Although they can seek a waiver to bypass this waiting period, obtaining a waiver itself averages about three and a half years.
The process involves traveling abroad, applying at a consulate with potentially long wait times, and obtaining permission to re-enter the U.S.
“This involves the risk of prolonged separation, especially if complications arise,” explained Elizabeth Taufa, policy attorney and strategist for the Immigrant Legal Resource Center.
Many opt to remain in the U.S. illegally rather than risk lengthy separations from their families.
Changes Under Biden’s Policy:
The new policy allows many undocumented spouses to apply for lawful permanent residence without having to leave the U.S., ultimately providing them a path to citizenship. However, eligibility is not automatic.
To qualify, individuals must have resided in the U.S. for at least 10 years, pose no security threat, and have been married by June 17, 2024. Applications must be submitted to the Department of Homeland Security (DHS), which will review them on a case-by-case basis. Additionally, applicants must not have been previously admitted or paroled into the U.S.
Applicants will undergo vetting for past immigration violations, criminal records, and potential fraud, according to Biden’s announcement.
Once DHS approves an application, the individual will have three years to apply for permanent residency and could receive work authorization for up to three years.
An estimated 1.1 million undocumented immigrants are married to American citizens, according to FWD.us, an immigration advocacy organization. The administration believes about half of these—approximately 500,000—along with around 50,000 of their children, could benefit from this new policy.
On average, these spouses have lived in the U.S. for over 20 years. A senior administration official noted that most beneficiaries are expected to be from Mexico.
Context within Biden’s Immigration Policies:
The Biden administration has implemented a dual approach to immigration and border security over the past year and a half.
On one hand, Biden has tightened asylum qualifications at the southern border and increased deportations for those not eligible to stay. This move, especially the recent decision to limit asylum processing after reaching a daily cap at the southern border, has been heavily criticized by immigration advocates.
Conversely, the administration has introduced measures to admit more individuals into the country legally. A notable example is the program launched last year allowing people from Cuba, Haiti, Nicaragua, and Venezuela to enter the U.S. if they have a financial sponsor, pass a background check, and arrive by air. By the end of April, 434,800 people had entered the U.S. through this program.
Immigration advocates continue to urge the administration to take further action for those who have lived in the U.S. without legal status for decades.
