By: Richard Hanus, Esq.
September 18, 2024
It’s been one month since President Biden put into motion his Executive Order granting certain undocumented immigrants a path to legalization but federal courts and lawsuits have led to a pause on the processing of applications. Importantly, the court-imposed pause does not prevent applicants from continuing to submit applications on the chance federal immigration authorities get the go-ahead to adjudicate these filings. Since the initial program announcement last June and continuing to up to the present day, prospective applicants and their families have gone from a state of elation to a state of frustration, as they await further word from the courts. As a veteran immigration law practitioner, I am not the least bit surprised by this turn of events, although there may very well be more dramatic chapters left to be written on this saga. In the meantime, while pending applicants await decisions on their filings, prospective applicants must decide whether they want to seize the moment, file their applications and have a chance at being issued an Employment Authorization Document and even Permanent Residence (Green Card).
In review: On August 19, 2024, the Biden Administration announced the implementation of the Keeping Families Together program, an Executive Order setting forth a path to legalization for more than 500,000 undocumented spouses and stepchildren of U.S. citizens. Eligibility for this program depends on the applicant, as of June 17, 2024, meeting various requirements including: a) being present in the U.S. for ten years and without having been admitted or inspected, b) being married to U.S. citizen or being the stepchild of a U.S. citizen (although the 10 year residency requirement in not applicable to stepchildren applicants) and c) having no serious criminal background.
Since the early days of when news of this program was first announced and up to the present, prospective and pending applicants have had to consider all kinds of factors in deciding whether applying is a good idea. The key for any applicant and impacted family members is that the decision be an informed one.
The Pros of Filing: The biggest reason cited by clients who have been willing to proceed with applying is that they do not want to miss out on the possibility of legalizing their status. Let’s call it an optimistic and NOT a totally unrealistic approach, as a bona fide opportunity to reach the goal of legal status is not out of the question. It’s just that several stars must line up, including positive news in the courts and an efficient application process, especially if the next president is opposed to this Executive Order.
The Cons of Filing: The main reasons cited by clients who are not comfortable filing under this program range from being fearful of coming out of the shadows as an undocumented person, to avoiding spending their time, money and energy on a filing with such an uncertain outcome. To be sure, many prospective and pending applicants already have their information in the immigration system database for various reasons, such as by way of an I-601A Provisional Waiver application or because they are already in removal proceedings. For this group, the hesitation to proceed is more about economics than a fear of coming out of the shadows.
As of this writing, federal court action seeking to block the implementation of this program has put a stop on application decision-making at least until September 23, 2024, although as stated, US CIS can continue to receive and complete preliminary processing. Further developments in this court fight and other news related to the roll out of this program will continue to be covered in this blog, and you can sign up to receive my latest posts by logging on to https://www.usavisacounsel.com/newsletter
PUBLISHED September 18, 2024 – “IMMIGRATION LAW FORUM” Copyright © 2024, By Law Offices of Richard Hanus, Chicago, Illinois