On Tuesday, US President Joe Biden revealed a comprehensive immigration initiative that grants legal status and a streamlined route to US residency and citizenship to about half a million undocumented immigrants married to American citizens. Under this Department of Homeland Security (DHS) policy, these individuals can apply for work permits and deportation protections if they have lived in the US for at least a decade and meet specific criteria. This program requires applicants to complete the necessary paperwork, pass a criminal background check, and it does not apply to future immigrants.
During his announcement at the White House, President Biden emphasized the program’s goal to simplify the legal status process for long-term immigrant spouses of American citizens. He highlighted that undocumented spouses and their children, who have lived in the US for over ten years, will now be able to apply for legal status without leaving the country. Applicants must have been legally married to their American citizen spouse by June 17, and the DHS estimates that eligible spouses have lived in the US for an average of 23 years.
Under current US law, undocumented immigrants generally need to leave the country and re-enter legally to qualify for a green card. The Biden administration’s new policy aims to change this by allowing eligible immigrants to obtain a green card without having to exit the US, thereby avoiding the risk of a 10-year re-entry ban. Once an immigrant secures a green card, they can typically apply for US citizenship after residing in the country for a certain period, usually five years, allowing them to fully integrate and enjoy the rights and responsibilities of citizenship.
Previously, non-citizens married to US citizens often had to leave the country to apply for a green card, resulting in long separations. The DHS’s new policy now allows those who have been married for ten years or more and have no criminal record to apply for a green card while remaining in the US. This change means applicants can stay with their families during the application process, provided they pass a security check.
According to DHS estimates, approximately 500,000 non-citizen spouses of US citizens who have lived in the country for over 23 years may be eligible for this new procedure. To apply, these non-citizens must have continuously resided in the US for at least ten years by June 17, 2024, and must be legally married to a US citizen as of that date.
The DHS, in collaboration with the Department of State, is also working to expedite the process for certain work visas, such as those for Deferred Action for Childhood Arrivals (DACA) recipients and undocumented individuals who have completed higher education in the US. Non-immigrant visas, which are temporary and job-specific, will be processed more quickly to help businesses find qualified workers, enhancing overall efficiency and confidence in the hiring process.
This policy shift is particularly beneficial for Indian American households, as undocumented spouses will be able to work legally without the fear of deportation. This could alleviate financial pressures and contribute to economic stability by allowing these spouses to contribute to their families’ incomes. Additionally, the policy might extend employment authorization to H4 dependent children, enabling them to take on summer jobs and save for college, significantly enhancing their opportunities.
However, for Indian Americans seeking permanent residency, the new policy might pose challenges. It prioritizes temporary work visas without addressing the long-standing backlog for green cards caused by the 7% cap per country. This focus could also increase competition for the limited H-1B visas available each year, complicating the path to permanent residency for many Indian IT professionals.
