Good News: Spouses and Stepchildren of U.S. Citizens Who Entered the U.S. Without Inspection May Apply for Residency Status!
Good News: Spouses and Stepchildren of U.S. Citizens Who Entered the U.S. Without Inspection May Apply for Residency Status!
Attorneys:Attorney Jeff Zhengquan Xie,Attorney Jiarui Yin,Attorney Qian Zhao,Attorney Haochun Ling
U.S. Department of Homeland Security (DHS) officially implemented the newly announced Keeping Families Together Program on August 19!
The U.S. government estimates that this program will enable nearly 500,000 spouses and 50,000 stepchildren of U.S. citizens to apply for residency in the United States.
For these 500,000 families, this is an opportunity akin to amnesty.
Furthermore, U.S. Citizenship and Immigration Services (USCIS) announced that effective immediately on August 19, 2024, it will accept applications filed by eligible undocumented spouses and stepchildren of U.S. citizens.
Undocumented spouses of U.S. citizens must meet the following criteria:
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Be physically present in the U.S., having entered the country without being inspected by U.S. Customs and Border Protection (CBP).
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Have resided continuously in the U.S. since at least June 17, 2014, with no departures from the country during this period.
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Have entered into a valid and legal marriage with a U.S. citizen on or before June 17, 2024.
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Have no record of certain criminal convictions and pose no threat to public safety, national security, or border security.
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Submit biometrics (fingerprints) and undergo background checks as well as national security and public safety screenings.
Undocumented stepchildren of U.S. citizens must meet the following criteria:
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Be under 21 years of age and unmarried as of June 17, 2024.
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Be physically present in the U.S., having entered the country without being inspected by U.S. Customs and Border Protection (CBP).
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Have resided continuously in the U.S. from at least June 17, 2024, up to the time of filing the application, with no departures from the country during this period.
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Have had their biological parent legally marry a U.S. citizen on or before June 17, 2024, and have been under 18 years of age at the time of the parent’s marriage.
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Have no record of certain criminal convictions and pose no threat to public safety, national security, or border security.
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Submit biometrics (fingerprints) and undergo background checks as well as national security and public safety screenings.
However, spouses and stepchildren of U.S. citizens who entered the U.S. legally on a tourist visa or other nonimmigrant visas but later fell out of status due to overstaying are not eligible for this program. Such individuals need not apply under this program and may directly file an application to adjust their immigration status.
If an applicant’s petition is approved by USCIS, they may apply for an Employment Authorization Document (EAD) and a U.S. green card without having to leave the United States. This policy truly saves hundreds of thousands of families from the pain of separation and fear, and it is highly commendable!
That said, USCIS has clearly stated that approval decisions will be made on a case-by-case basis, taking into account the overall circumstances of each case, humanitarian urgencies, and the exercise of discretionary authority.
The U.S. government will crack down on fraudulent activities and conduct strict screenings for threats to national security, public safety, and border security. Any application found to contain false information or involve a sham marriage will be denied.
If an application is rejected, the applicant may be referred to immigration court, where an immigration judge will decide whether the applicant should be allowed to remain in the U.S. or be ordered removed (deported).
Individuals who are currently in immigration court proceedings, appealing an unfavorable court decision, or whose cases have been administratively closed may apply for the Keeping Families Together Program if they meet the above eligibility criteria.
Individuals who have been released on bond from immigration detention may also apply for the program if they satisfy the eligibility requirements.
Even those who have received a final order of removal from an immigration judge but have not left the U.S., have not been deported by the government, or have failed to comply with a voluntary departure order may apply if they meet the criteria. However, approval for such applicants will not be easily granted, and the risk of denial is high. They must invest significant effort in preparing their application materials to strive for the immigration officer’s sympathy and favorable exercise of discretionary authority.
This program is being rolled out amid the U.S. presidential election season. On one hand, it helps U.S. citizens avoid separation from their foreign spouses and stepchildren, allowing their undocumented family members to live normal, lawful lives in the open. On the other hand, it may encourage U.S. citizens to actively participate in the election by casting their votes.
While this program is not officially labeled as "amnesty," its timing of implementation and target beneficiaries suggest that it presents a golden opportunity—with both benefits and risks—for many readers who entered the U.S. without inspection years ago and have yet to resolve their immigration status.
The above overview is prepared by XIE LAW OFFICES,LLC. to provide legal information to the Chinese community. It is primarily for academic discussion purposes and does not constitute legal advice on specific cases. If you already have legal representation, please consult your own attorney, who is familiar with the details of your case. Clients of Xie & Associates Law Firm, as well as readers who have not yet retained legal counsel, may contact Attorney Xie for specific legal questions. If you wish to reprint this document, please do so in full without any deletions, and clearly indicate the source.
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