Process for obtaining legal status for illegal immigrants who are spouses and children of US citizens

Process for obtaining legal status for illegal immigrants who are spouses and children of US citizens

USCIS is not currently accepting applications through this process. They will begin to be accepted on August 19, 2024. If you submit your application before August 19th, it will be rejected.

To begin, spouses of US citizens who are eligible to participate in this program will need to apply for a parole. If it will be approved, it will be possible to apply for a green card based on marriage without leaving the United States.

To be eligible to participate in the program, you must:

  • be in the US without legal status or parole
  • have been in the United States continuously for at least 10 years as of June 17, 2024
  • be legally married to a US citizen as of June 17, 2024
  • do not have a criminal record

This program is also available for children of illegal immigrant spouses of US citizens if:

  • the child does not have US citizenship
  • the child was physically present in the United States without legal status or parole as of June 17, 2024
  • is in a father/mother-daughter/son or stepfather/stepmother relationship with a U.S. citizen

Although applications for participation in this program will begin only on August 19, here’s what you can do now:

Ask help from an immigration lawyer to start preparing your case, because you need to collect a lot of documents and evidence:

  • evidence of legal marriage to a US citizen as of June 17, 2024 (for example, marriage certificate)
  • Identification documents, including expired documents (valid driver’s license, state or country ID, birth certificate with photo, valid passport, any government issued document showing the applicant’s name, date of birth and photo)
  • Proof of your spouse’s US citizenship (passport, birth certificate or certificate of naturalization)
  • documentation confirming your presence in the United States for at least 10 years, as of June 17, 2024. For example:
  • rent or utility bills
  • school report cards
  • medical records
  • confirmation of your place of residence from religious organizations or other organizations identifying you by name
  • receipts for money transfers sent to or from the USA
  • birth certificates for children born in the USA
  • dated bank transactions
  • documents of registration or ownership of the car
  • purchase and sale agreements, mortgages or rental agreements
  • insurance policies
  • tax returns

Documents for children:

  • evidence of the child’s relationship with the non-citizen parent (birth certificate or adoption decree)
  • evidence of the non-citizen parent’s legal marriage to a US citizen as of June 17, 2024 (marriage certificate)
  • evidence of the child’s presence in the United States as of June 17, 2024.

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