New Immigration Initiative Offers Path to Legal Status for Certain Families.
Starting Monday, August 19, immigrant spouses and stepchildren of U.S. citizens can apply for temporary legal status and a potential path to citizenship under the Biden administration’s new “Keeping Families Together” initiative.
Previously, immigrants who entered the U.S. illegally often had to return to their home countries for years before being allowed to return legally.
“It’s been a while since immigrant communities have received some good news,” said Renata Castro, founder of the immigration firm USA 4 All. “The Keeping Families Together Act gives hope to mixed-status families that the U.S. government is beginning to address the fears immigrants have about their cases being processed through consular procedures.”
The U.S. Citizenship and Immigration Services (USCIS) estimates that around 500,000 spouses and 50,000 stepchildren of U.S. citizens could qualify for temporary legal status under this program.
However, not all applicants will be eligible. “It’s important to note that being married to a U.S. citizen does not automatically qualify someone for this program,” said Cesar Espinosa, executive director of the immigrant civil rights organization FIEL. “There are specific requirements, so it’s crucial for individuals to verify their eligibility.”
Eligibility criteria for noncitizen spouses of U.S. citizens include:
- Continuous residence in the U.S. since at least June 17, 2014
- Marriage to a U.S. citizen on or before June 17, 2024
Eligibility criteria for noncitizen stepchildren of U.S. citizens include:
- Continuous residence in the U.S. since June 17, 2024
- Being under the age of 21 and unmarried on June 17, 2024
- Having a noncitizen parent who married a U.S. citizen on or before June 17, 2024, or before the child’s 18th birthday
Applicants must have no disqualifying criminal history and must not pose a threat to public safety, national security, or border security. They must also be in the U.S. without legal admission or parole and must undergo biometrics and background checks.
Castro advised applicants to consult with licensed attorneys. “New laws often attract individuals who may try to exploit immigrant communities by offering legal services without proper credentials,” she said. “Be cautious when choosing a provider for your case. This program offers a new opportunity, but it does not guarantee approval.”
For residents in the Houston area, FIEL is offering help with the application process. “FIEL has experienced attorneys on staff,” Espinosa said. “We aim to assist as many people in Houston as possible with this new program.”
