The Biden Administration’s initiative to grant legal status in the United States to immigrant spouses suffered a federal blockade

The Biden Administration’s initiative to grant legal status in the United States to immigrant spouses suffered a federal blockade

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A project by Biden’s administration suffered a temporary setback in the final week of August 2024 which was intended to grant legal status in the United States to the spouses of American citizens without them being forced to leave the country and our US immigration lawyers will explain everything about it.

This initiative was considered one of the most representative actions to open a path to anyone married to an American citizen who did not have legal status in the United States. But, at the request of 16 Republican-dominated states, Texas federal judge J. Campbell Barker, – appointed by Donald Trump in 2019 – blocked the possibility.

Key Takeaways:

• Court Blocks Legal Status Program: Texas federal judge J. Campbell Barker temporarily blocked a Biden administration program that sought to grant legal status in the United States to spouses of US citizens without requiring them to leave the country.
• Impact of the Program: The program, which had already begun accepting applications, was designed to benefit approximately 500,000 immigrants and nearly 50,000 of their children.
• Current process remains in place: Currently, spouses who entered illegally and wished to obtain residency must follow the current legal process, which involves leaving the country and facing possible impediments to returning.

What was this program for legal status in the United States for immigrant spouses of citizens by the Biden Administration?

The program was intended to benefit at least 500,000 immigrants in the United States and almost 50,000 of their children, but the issue was rejected for political reasons, as Republicans believe that Democrats are opening the way for “illegal immigration.”

The plan had already been put into motion, and the Department of Homeland Security (DHS) had already begun receiving applications when the process was ordered to be halted.

When you marry an American citizen, certain requirements must be met to obtain American citizenship as contemplated by the Immigration and Nationality Act, such as being a legally admitted resident in the United States, living together for at least three years to file the N-400 application, having had continuous residence in the country during that time, having sufficient knowledge to read, write and speak English, knowing the basics of history and principles of the form of government of the United States, among others.

While, according to current law, the process of obtaining residency for the wife of an American citizen, or for any non-citizen of the United States, is limited to the following: This means that many of them must leave the country and wait to be processed abroad to apply for legal permanent residence, which results in an indefinite and prolonged separation process that causes difficulties and uncertainty for both the spouse and the person seeking legal status in the United States.

This is why the Biden administration announced this process to promote family unity and stability. The Department of Homeland Security plan proposed allowing certain non-citizen spouses of American citizens to obtain legal status in the United States through a temporary residence permit.

To be eligible – according to the rejected proposal – the non-citizen spouse must have lived in the United States for at least 10 years, have a legally valid marriage to a US citizen before June 17, 2024, have no criminal record that qualifies them as a threat to national or public security, and be eligible to adjust their legal status in the United States. If the permit were granted, the spouse could apply for legal permanent residence without having to leave the country, this being the main benefit of the proposal.

This project would also protect non-citizen children of potential applicants, who would be allowed to apply for a temporary residence permit if they are physically present in the United States without admission or a temporary residence permit.

To apply for this benefit, according to the project, an application must be filled out, a fee of $580 must be paid and a justification must be given for why they deserve a conditional humanitarian permit, all of this supported by a large number of documents. If the applicants have their petition approved, they are granted three years to apply for permanent residence and can receive a work permit, an alternative to legal status in the United States that would allow them to stay with their spouses without facing forced separation.

Immigrant spouse of a US citizen: what to expect now?

Given the rejection of this proposal, for now, if you are the spouse of a US citizen, entered illegally, and want to apply for legal status in the United States, you will have to be guided by what is established in the current laws and, to apply for a residence card or marriage Green Card, you will have to leave the US.

If the spouse entered illegally and has remained at least 180 days on US soil, they will have to return to their country of origin and apply for the residence card at the respective consulate. The situation becomes more difficult if the spouse has been in the United States for more than 180 days since they would have to face a ban on entering the United States for between three and ten years. To avoid this or request authorization to return earlier, they would have to process a provisional exemption, in which they have to demonstrate that his or her relative would face “extreme difficulties” if they were not allowed to live in the United States.

It should be noted that the decision of the Texas judge is not final; a deadline has been opened until October 10, 2024, for the parties to present arguments in the case. It is expected that before the elections on November 5, there may be a final decision on this route that sought to facilitate legal status in the United States for many people who have sentimentally linked their lives to those of American citizens.

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Summary

In the last week of August 2024, a Biden administration program to grant provisional legal status in the United States to spouses of US citizens without them having to leave the country was temporarily blocked by a federal judge in Texas at the request of 16 Republican states. This program, which had already begun receiving applications, was intended to benefit some 500,000 immigrants and about 50,000 of their children. The blockade is based on political concerns about “illegal immigration.”

Frequently Asked Questions

What impact does the judicial blockade have on the legal status program in the United States for spouses of US citizens?

The court block, decided by federal judge J. Campbell Barker, temporarily prevents the Biden administration’s program from continuing to be implemented. The decision halts the process of receiving and evaluating applications, affecting approximately 500,000 immigrants and nearly 50,000 of their children who were hoping to benefit from the program. The situation could change depending on the final decision taken [1].

What should spouses of US citizens do who are currently in the US without legal status and wish to obtain residency?

If the spouse of a US citizen entered the US illegally and wishes to obtain residency, he or she must follow the current legal process. This generally involves leaving the country and applying for a residence card or Green Card at the appropriate consulate in his or her country of origin. The US Citizenship and Immigration Service provides more information on the subject [2].

What were the requirements to be eligible for the program proposed by the Biden administration before it was blocked?

To be eligible under this program, the non-citizen spouse must have resided in the US for at least 10 years and have a legally valid marriage to a US citizen before June 17, 2024. In addition, he or she must not have a criminal record that would qualify him or her as a threat to national or public security [3].

What is the Biden administration’s stance on deportations?

The Biden administration has taken a more targeted approach to deportations, focusing on individuals who pose national security threats, have committed serious crimes, or recently crossed the border illegally. This contrasts with the broader enforcement policies of previous administrations.