The White House is deliberating on potential measures to provide legal relief to immigrants who are married to U.S. citizens but lack any other means of obtaining lawful immigration status in the country. Various options are under consideration, with the administration weighing the possibility of offering temporary legal status and work permits to qualifying individuals.
In accordance with U.S. immigration law, individuals married to U.S. citizens are eligible to adjust their status to lawful permanent residence, even if they have overstayed their visas or worked without authorization. However, eligibility for adjustment requires having been inspected upon entry into the U.S., typically with a visa or valid immigration status. While the U.S. pardons visa overstays or unauthorized work for immediate relatives (spouses, parents, children) of U.S. citizens, illegal entry is not forgiven, leaving many undocumented immigrants married to Americans without a pathway to lawful immigration status. Therefore, any relief pursued by the White House would be significant for affected individuals.
Sources familiar with the discussions have disclosed that the Biden administration is also exploring the possibility of granting “parole in place” for spouses of U.S. citizens who lack alternative pathways to legal status. This would afford temporary legal status, access to work permits, and potentially a route to citizenship for these spouses. However, these options are still under review, with final decisions pending.
Data from FWD.us indicates an estimated 1.1 million immigrants living in the U.S. without legal status who are married to U.S. citizens, highlighting an ongoing necessity for action. Previously, a group of lawmakers advocated for protection for spouses of U.S. citizens who are ineligible to adjust their status, but no legal measures have been enacted thus far.
Simultaneously, the White House confronts a surge in illegal border crossings and increased overall immigration. The administration continues to contemplate executive actions aimed at deterring migrants at the U.S.-Mexico border if crossings exceed a certain threshold. However, such measures face opposition from some lawmakers and advocacy groups.
As always, ILBSG remains vigilant in monitoring updates to U.S. immigration policy. We offer tailored advice to our clients based on their unique circumstances. For any inquiries related to U.S. immigration, please don’t hesitate to contact us.