Millions of people are part of “mixed-status” families in the U.S. This includes couples where one spouse is a U.S. citizen and the other is undocumented (also referred to as “unauthorized”). Many of these couples have been married for years, and the U.S. citizen spouse has even become a stepparent to their spouse’s children whom they brought with them to the U.S.
A person who’s a citizen of another country can typically apply for a green card and legal resident status if they marry a U.S. citizen. However, it’s a long process that typically requires them to move back to their home country for a minimum of ten years and then return.
Obviously, that’s not a viable option for most people. Therefore, they continue to live in the U.S. undocumented. That means their opportunities for education, employment and more are limited. Further, they could be deported if their undocumented status is reported or discovered.
To help these immigrants come out from the shadows and live a fuller life, President Biden announced an expansion of the Parole in Place (PIP) program that was previously available only to military families. The Keeping Families Together program was implemented this August. It allows qualifying spouses to obtain a green card without having to return to their home country.
Who qualifies for the program?
To qualify for the program, an undocumented spouse must have been married for at least ten years to their U.S. citizen spouse. The program also applies to the undocumented spouse’s unmarried children under 21 if they “meet the statutory definition of a stepchild of a U.S. citizen based on their parent’s legally valid marriage to a U.S. citizen….”
It’s estimated that at least 500,000 spouses and about 50,000 stepchildren of U.S. citizens meet the criteria for the program. The Department of Health and Human Services (HHS) notes that many of these couples have been married for over 20 years.
The opportunities afforded by this program can be life-changing for a family. Unfortunately, many immigration programs — like the Deferred Action for Childhood Arrivals (DACA) program – are implemented through the executive branch because they can’t get the necessary support in Congress. That means they’re subject to court challenges and different priorities depending on who’s in the White House.
That’s why if you believe that you or a loved one qualifies, it’s wise to find out more about it and apply as soon as possible. Having legal guidance can help the process go more smoothly.