A New Opportunity for Immigrant Families!
On August 19, 2024, USCIS will begin accepting applications for certain undocumented immigrants who are spouses of U.S. citizens to obtain a Green Card without having to leave the country.
This measure, announced under the Biden administration’s new policy, allows these immigrants to start the adjustment of status process by submitting Form I-131F, which also serves to request an Employment Authorization and a temporary deportation waiver.
Basic Requirements
- Residence in the U.S.: The applicant must be living in the United States.
- Continuous Presence: Must demonstrate continuous presence in the U.S. for at least 10 years without interruptions or changes in immigration status.
- Legal Marriage: The marriage to the U.S. citizen must have been valid before June 17, 2024.
Security Criteria
- Criminal Record: Must not have disqualifying criminal convictions under immigration law.
- National and Public Security: Must not pose a threat to national or public security and must pass a security review.
Process and Costs
- Form I-131F: The application must be submitted using this form, available electronically.
- Cost: The process has a fee of $580.
- Employment Authorization (EAD): As part of the process, an employment permit can be obtained while the Green Card is being processed.
Where to Apply
The process and information are available on the USCIS website under the “Keeping Families Together” program. Information in Spanish can be found at uscis.gov/es/manteniendofamiliasunidas.
What to Expect After Submitting Your Application
- Confirmation Receipt: You will receive a confirmation receipt indicating that USCIS has received your application.
- Review Process: USCIS will review your application and attached documents.
- Interview (if necessary): You may be called for an interview at a local USCIS office.
- Decision: USCIS will notify you in writing whether your application has been approved or denied.
Frequently Asked Questions
- How long does it take to process an application? Processing time may vary depending on several factors, including the number of pending applications.
- What happens if my application is denied? If your application is denied, you will receive a written notification explaining the reasons for the denial. You can appeal the decision.
- Can I work while my application is being processed? If you do not yet have an Employment Authorization (EAD), you may not be able to work legally.
- Can I travel outside the United States while my application is being processed? It is advisable to consult with an attorney before traveling, as leaving the country could affect your application.
What if I don’t speak English?
You can request assistance to complete the forms in your native language.
Additional Resources
- USCIS Website: uscis.gov/es
- Find an Immigration Attorney: Use online legal directories or consult with your local bar association.
Remember! This is a general summary of the process. It is important to consult with an immigration attorney for personalized legal advice.
Fraud Warnings
USCIS warns about potential fraud and recommends seeking legal advice from qualified attorneys rather than notaries public to avoid scams. Payments must be made through USCIS’s official methods; the agency never requests payments by phone or email and does not accept payment methods such as Western Union, MoneyGram, PayPal, or gift cards.
To get help and ensure the process is handled properly, it is essential to follow official guidelines and consult with accredited professionals.
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