The Biden administration has announced a new policy that will provide a pathway to citizenship for approximately 500,000 immigrants who are married to American citizens but lack legal status in the United States. This policy is considered one of President Joe Biden’s most sweeping immigration policies and has been heavily advocated for by migrant advocates. Under previous immigration laws, spouses of American citizens who lacked legal status often had to leave the country to apply for long-term permanent residence, facing extensive waits at consulates and the risk of prolonged separation from their families. Many individuals ended up staying in the shadows due to the complicated process.
The new policy allows spouses without legal status to apply for lawful permanent residence without leaving the U.S. and eventually obtain a path to citizenship. To be eligible, individuals must have lived in the U.S. for at least 10 years, not pose a security threat, and have been married by June 17, 2024. They would need to apply to the Department of Homeland Security, which will consider applications on a case-by-case basis. Applicants will be vetted for previous immigration and criminal history, as well as potential fraud. Once approved, individuals will have three years to apply for permanent residency and may receive work authorization for up to three years. The administration estimates that approximately 500,000 immigrants and 50,000 of their children could benefit from this program.
This new policy is part of Biden’s broader immigration strategy, which includes making it more difficult to qualify for asylum at the southern border while creating pathways for legal immigration. The administration is also implementing changes to help DACA recipients qualify more easily for work visas, providing a stable pathway to permanent residency for this group known as “Dreamers.” The Department of Homeland Security is expected to provide guidance on how the spousal program will work, with the program set to go into effect by the end of summer. The U.S. Citizenship and Immigration Services will be responsible for processing all applications, but the proposal is likely to face opposition from Republicans and immigration opponents.
Overall, the new policy announced by the Biden administration represents a significant step towards providing legal pathways to citizenship for immigrants living in the U.S. without legal status. By allowing spouses of American citizens to apply for lawful permanent residence without leaving the country, the administration aims to reduce the risks of prolonged separation and provide stability to families. The changes to the DACA program also offer a more accessible pathway for Dreamers to obtain work visas and potentially permanent residency. However, the administration may face legal challenges and opposition from critics as it seeks to implement these new immigration policies.
