Legal Status for Undocumented Spouse of U.S. Citizen

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Legal Status for Undocumented Spouse of U.S. Citizen

The Biden Administration’s new Parole in Place (PIP) program offers a promising pathway for undocumented spouses of U.S. citizens to obtain legal status without having to leave the United States. This initiative is designed to keep families together and provide a streamlined process for securing lawful permanent residency.

Benefits of the Program:

  • Work Permit Eligibility: Once paroled, individuals can immediately apply for a work permit under 8 C.F.R. § 274a.12(c)(11).
  • Green Card Eligibility: Those paroled can adjust their status to a lawful permanent resident without needing to exit the U.S., avoiding the need for waivers of past unlawful presence.
  • Family Unity: The program emphasizes keeping families together by allowing undocumented spouses to remain in the country while they adjust their status.

Eligibility Criteria

To qualify for the Parole in Place program, applicants must meet specific criteria:

  1. Marital Status: Must be legally married to a U.S. citizen as of June 17, 2024.
  2. Residency: Must have resided continuously in the United States since June 17, 2014.
  3. Good Standing: Must have no disqualifying criminal history or pose any threat to national security or public safety.

Required Documentation

Applicants should prepare the following documentation:

  • Proof of marriage to a U.S. citizen (e.g., marriage certificate).
  • Evidence of continuous residence in the U.S. since June 17, 2014 (e.g., utility bills, lease agreements).
  • No criminal record documentation.
  • Identification documents (e.g., passport, birth certificate).

Application Process

Step-by-Step Instructions:

  1. Consult with an Immigration Attorney: Before proceeding, consult with an experienced immigration lawyer to evaluate your eligibility and understand the nuances of the program.
  2. Gather Documentation: Collect all necessary documentation to support your application.
  3. Submit Application: File your application with the Department of Homeland Security (DHS). Ensure that all forms are fully completed and accurately reflect your information.
  4. Attend Interviews: If required, attend any interviews scheduled by the DHS or USCIS.
  5. Await Decision: Monitor the status of your application and respond promptly to any additional requests for information or documentation.

Time-Sensitive Aspects

Given that the program is an executive action, it may face challenges in federal courts or changes depending on the political climate. Therefore, it is crucial to:

  • File Early: Submit your application as soon as possible to maximize your chances of approval before any potential program changes.
  • Monitor Deadlines: Stay informed about any deadlines or priority filing periods to avoid missing crucial dates.

Why Hire a Denver Immigration Attorney?

Navigating the complexities of immigration law can be daunting. Hiring a knowledgeable immigration attorney can significantly enhance your chances of success. Here’s why:

Legal Guidance

An experienced Denver immigration attorney will:

  • Evaluate Eligibility: Accurately determine your eligibility for the program.
  • Prepare Application: Ensure that all documentation is complete and correctly filed, minimizing the risk of errors that could delay or jeopardize your application.
  • Legal Representation: Represent you in any necessary legal proceedings or interviews with immigration officials.

Potential Roadblocks

Without professional assistance, you might encounter several issues:

  • Missing Documentation: Incomplete or missing documents can lead to application denials or delays.
  • Incorrect Filing: Errors in form submission can result in rejections or the need to refile, wasting valuable time.
  • Legal Complications: Unforeseen legal challenges, such as previous immigration violations or criminal records can complicate the process.

Schedule a Consultation

The new Biden Parole in Place program represents a significant opportunity for undocumented spouses of U.S. citizens to obtain legal status. Given the complexities of this process and the potential for legal hurdles, it is essential to seek the assistance of an immigration attorney. Joseph & Hall P.C. stands ready to provide the knowledge and commitment needed to navigate this journey successfully. Contact us today to schedule a consultation and take the first step towards securing your family’s future.


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