Biden to Give Legal Status to Immigrant Spouses of U.S. Citizens

Biden's initiative offers legal status to immigrant spouses of U.S. citizens, providing deportation protection and a path to citizenship.
President Joe Biden is poised to unveil a major new initiative later this week that would substantially impact hundreds of thousands of undocumented immigrants married to American citizens. Known as “Parole in Place,” this policy seeks to offer deportation protection and a defined path to lawful status for qualifying individuals through a streamlined application process.

PAROLE IN PLACE

This policy is set to forbid the deportation of undocumented spouses of U.S. citizens and, alternatively, would provide employment authorization and a clear route to citizenship, which could potentially aid hundreds of thousands. By obtaining parole in place, these individuals could, in the long run, qualify for green cards and, later, U.S. citizenship without having to leave the country.
This effort forms part of the Biden administration’s overarching goal of establishing a more compassionate and supportive immigration system, particularly for families with deep roots in America.
Designed with mixed-status families in mind, where one spouse holds U.S. citizenship and the other lacks documentation, the policy aims to keep these families together legally in the US. In so doing, it seeks to reduce the daily stress and uncertainty many immigrants now face. Additionally, it targets simplifying applications to facilitate faster, easier access to lawful immigration status for those found eligible. 

How likely would the process be?

The proposed policy offers a potential path to a green card for undocumented spouses of U.S. citizens. Unlike directly obtaining a green card, Parole in Place (PIP) provides temporary legal status and work authorization.
However, after going through PIP, undocumented spouses will receive an I-94 travel record. This document is key as it allows them to apply for a green card based on marriage.
Similar to the existing program for military families, this PIP process is expected to be faster. The required evidence may differ slightly, but these cases are typically expedited. Once granted parole, most beneficiaries can likely file their I-485 application to adjust their status to that of a green card holder right away.

IMPACT OF THE POLICY

Estimates suggest this could impact roughly 1.1 million undocumented immigrants with American spouses. Proponents, including progressive lawmakers and immigrant rights groups, see this as a rather positive step for families and a potential boost for Latino voters. However, legal challenges are still likely.
The administration has used parole authority before for refugee resettlement efforts, and this plan would likely utilize the same mechanism. While details of the policy are still being finalized, the policy seems geared towards long-term undocumented residents rather than recent arrivals.
This approach may face legal roadblocks; the administration has been sued over its use of parole previously, and a similar initiative under Obama was blocked by the Supreme Court in 2016.

Final Words

Overall, observers say “Parole in Place” epitomizes a humane approach to immigration reform by prioritizing family unity. It could potentially deliver much-needed relief to countless families nationwide currently living in fear due to one spouse’s undocumented status.

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