Amnesty for Undocumented Immigrants? Pathways to Legal Status Explained
Recently, we've received many inquiries from our clients about a story that's been circulating widely:Those who entered the U.S. illegally can receive a green card pardon if their spouse is a U.S. citizen and has lived in the U.S. for 10 years or moreThe
It is important to know that in the past, if the illegal stay accumulated to 180 days or even a year and above, the person will face3- or 10-year ban on unlawful presence in the U.S.(unlawful presence bars), and to reapply for a visa to enter the United States, theMust apply for exemptionThe
Recently, the United States Citizenship and Immigration Services (USCIS) officially released this new policy, whichWill go into effect August 19, 2024. According to an announcement from the U.S. Department of Homeland Security (DHS), eligible illegal aliens will have the opportunity to apply for a green card through their marriage to a U.S. citizen, and theNo need to leave the U.S.The
As a specialized immigration law firm, we are here to provide you with detailed explanations and professional advice.
01 commencement date
USCIS will begin accepting applications on August 19, 2024 for this purpose. Applications submitted before then will be rejected
02 Requirements for application
(1) The applicant must be in the United States without having been formally admitted or having received temporary protection.
(2) As of June 17, 2024, the applicant must have resided in the United States continuously for at least 10 years
(3) The applicant must be legally married to a U.S. citizen.
(4) The applicant must not have a criminal record and must not constitute a threat to national security or public safety.
(5) The applicant shall meet the discretionary approval criteria of the Immigration Service.
03 Preparation of applications
While applications are not being accepted at this time, applicants can begin preparing materials, including but not limited to:
🔸 Proof of legal marriage to a U.S. citizen (e.g., marriage license)
🔸 Identification documents (e.g., expired driver's license, birth certificate, passport, etc.)
🔸 Proof of U.S. citizenship for spouse (e.g., passport, birth certificate, or certificate of naturalization)
🔸 Documents proving at least 10 years of continuous residence in the U.S. (e.g., lease receipts, school records, medical records, etc.)
04 Children's applications
In some cases, the applicant's noncitizen children may also qualify, as detailed in a subsequent Federal Register notice.Proof of eligibility required may include::
🔹 Proof of the child's relationship to the non-citizen parent, e.g., birth certificate, etc.
🔹 Evidence of a legally valid marriage between a non-citizen parent and a U.S. citizen on June 17, 2024
🔹 Evidence of children in the United States as of June 17, 2024
Until the new policy goes into effect, illegal aliens usually need to go through the following steps to legalize their status:
1. Leaving the United States: Illegal aliens need to first leave the United States and then apply for a waiver abroad.
2. Application for exemption:: Demonstrate that his or her departure from the United States would impose an extreme hardship on a U.S. citizen spouse or parent by applying for a temporary waiver of I-601A.
3. Re-entry:: If the waiver application is successful, the illegal alien may reapply for admission to the United States.
*Note:
In this scenario, you may face the following risks and challenges:
Exemption from risk of failure: If a waiver application fails, illegal aliens may be at risk of not being able to return to the United States for an extended period of time.
Legal barriers: The background and specific circumstances of an illegal immigrant may affect the probability of success of his or her application.
In the complex world of immigration, proper guidance is crucial. Our firm is committed to providing you with the most professional legal support to help you take solid steps on your immigration journey, regardless of policy changes.
