Legal News: President Biden Announces Affirmative Relief for Undocumented Individuals Living in the United States

June 18, 2024 | Immigration

The Biden administration announced an executive action that would allow undocumented spouses and children of U.S. citizens who meet certain criteria to apply for lawful permanent residency (LPR) without leaving the country to do so. The action will provide lawful status and legal protections to roughly 500,000 American families and an estimated 50,000 noncitizen children under the age of 21 whose parent with LPR status is married to a U.S. citizen.

From the American Immigration Lawyers Association: 

"These actions will help certain undocumented individuals in the United States, including:

• Spouses and children of U.S. citizens who have been living in the United States for at least 10 years.
  • You may be eligible to apply for your green card without leaving the United States, if, as of June 17, 2024:
    • You are in the United States after entering without permission;
    • You have lived in the United States for at least 10 years and have never left;
    • You are legally married to a U.S. citizen or have a qualifying stepchild relationship with a U.S. citizen; and
    • You do not have certain criminal history or pose a threat to national security or public safety."

For those individuals who meet the above criteria, the government may grant parole-in-place (permitting qualified noncitizen applicants to adjust their immigration status without leaving the country) and would potentially be eligible for employment authorization for up to three years.

Please note that the new relief programs have not yet begun and are not currently accepting applications. To learn more about the affirmative relief announcement, click here.

Concerned with how this executive action could potentially affect you, your family, or your business? Learn more about our Immigration Law department and contact an attorney here.