New Program for Undocumented Spouses and Stepchildren of US Citizens

There is a new program for undocumented spouses of US citizens where you can apply for and get a legal immigration status from within the US. It is called “Keeping Families Together” and uses application I-131F. Even if you are waiting on another application like an I-130 family petition or I-601A waiver, there are NEW BENEFITS from this program like a WORK PERMIT, and you may be able to get your residency (green card) WITHOUT having to leave the US.

This program is currently the subject of a federal lawsuit by republican governors and details are changing day to day. As of 8-26-24 USCIS is accepting applications, but not allowed to process them. You can apply, but they cannot approve applications. Please call our office at 616-235-4577 or visit the USCIS website for the most up to date information.

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Existing clients please call our office at 616-235-4577 to make your appointment.

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To qualify for this program you must meet the following criteria:

Have lived in the United States for 10 years or more as of June 17, 2024.
Are married to a US citizen on or before June 17, 2024.
Or have an eligible step-child relationship to a US citizen as of June 17, 2024 and under 21.
do not pose a threat to public safety or national security. Must not have certain criminal or previous immigration convictions. Consult with us if you have a criminal history or previous issues with Border Patrol, ICE or hearings in Immigration Court.
Pay application fee of $580

Call now to make an appointment.

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The benefits of this program can include:

Receive a temporary legal status, “Parole in Place”, valid for 3 years.
After your application is approved, adjust status to permanent resident (get a green card) within the United States and eventually apply for citizenship.
Receive a work permit to legally work in the US after your application is approved and while you apply for the next steps.

See the USCIS page for complete and most up-to-date details.

USCIS

How to Prepare

These tips do not constitute legal advice.

CONSULT WITH A LAWYER

Schedule an appointment with our office to discuss your case and questions you have about the program. Existing clients can call 616-235-4577 to schedule an appointment. New clients can schedule online or call 616-235-4577.

CREATE A USCIS ACCOUNT

This application must be filed online and therefore you will need a USCIS account. You can find instructions for creating one here (including a video). If you have an account, but forgot your password or can’t access it, you will need to contact USCIS Technical Support. If you are an existing client, feel free to call our office at 616-235-4577 and we can assist you with this.

GATHER DOCUMENTS

You will need:
Official ID for the Immigrant (passport, national ID, etc.)
Proof of Citizenship for Citizen Spouse/Step-parent (birth certificate, naturalization certificate, passport etc.)
Marriage Certificate for the Couple
Documentation of End of Previous Marriages for Both People (Judgment of Divorce, Death Certificate of Previous Spouse, etc.)
Proof of Continuous Physical Presence for the Last 10 Years
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We will need at least 1 document from every year from 2014 until 2024. These Documents must be dated, include the Immigrant’s first and last name, and should be official in some way. See this list of documents to show presence with some examples that might work for your case. Please consult with a lawyer before submitting any documents to USCIS.

OBTAIN RECORDS

If you have criminal records including “minor” crimes like drunk driving, minor in possession of alcohol, or a past case with immigration court. You will need to show those records to your attorney and may need to submit some of them with your application. This could mean getting certified court records like a registry of actions from any court you have been to or getting an FBI background check. Consult with a lawyer about what specific documents you will need for your case.

PREPARE YOUR STATEMENT

You will have to include a short statement about why you qualify for this program. You can work on brainstorming and gathering ideas for what you will include in your statement. You will want to include any way that you are involved in or connected to your community. This could be family you have in the US, places you volunteer at, businesses you own, a religious institution you attend, or any other links you have to the US. Please consult with a lawyer before submitting any documents or statements to USCIS.

Additional Resources

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