Discussions about families and immigration often focus on how people can help their loved ones enter the country. Family-based immigration and special visa programs can protect family units by helping them reconnect and stay together.
Unfortunately, sometimes immigration issues can pull a family apart. There are scenarios in which one individual from a family might be vulnerable to removal from the United States. Such immigration issues can cause financial, social and even mental health challenges for the affected individuals.
However, a recent change in Immigration policies can help promote the unity and stability of families. When a foreign national marries a United States citizen, small mistakes could put them at risk of removal from the country. They may also need to leave the family to change their status. The rules that apply to the spouses of citizens have changed in a way that may benefit families.
Spouses no longer need to leave to obtain legal status
Undocumented immigrants who want to adjust their status often have to return to their country of origin to apply for admission into the country. To secure a green card, they have to leave the country and re-enter it after applying. The process can take months or sometimes more than a year.
It can be very disruptive for families to have one member suddenly leave the country without a specific return date. Under the new Process to Promote the Unity and Stability of Families, certain spouses can change their status without leaving the country. The United States Citizenship and Immigration Services (USCIS) can approve certain spouses for green cards without the need to leave the country first.
To qualify, the spouse must have remained in the United States for at least 10 years as of June 17, 2024. They need to have a valid marriage with a United States citizen. They cannot have any criminal history that disqualifies them from becoming a permanent resident. As of August 19, 2024, the spouses of United States citizens could begin applying for consideration under this new program.
The Process to Promote the Unity and Stability of Families is a crucial improvement on prior immigration policies. Making use of family-based immigration policies can benefit those who have lived in the United States for years and started a family here. Immigrants can now sometimes secure green cards without leaving their families indefinitely.
