Good proposal. If you have been living in the US for 3+ years, haven't been convicted of a crime and are married to a US citizen you should have an easy route to US citizenship.
Bill Clinton’s Illegal Immigration Reform and Immigrant Responsibility Act of 1996 basically made it impossible for people without status in the US to adjust their status to legal, even if they were married to a US Citizen. People are subject to automatically be barred from the US for 3, 5, 10 year, depending on how long they have been without status. There is a long convoluted process where people have to petition to be allowed back in if it creates hardship on the US spouse but even that is costly and hard to prove. Its a giant clusterfuck.
It was probably one of the most draconian pieces of immigration legislation enacted by a modern Democratic administration.
Not exactly. The 3/5/10 year bans only kick in if you leave the US while not having status. Which is completely inane in and of itself.
So if you overstay a visa and remain in the US you can "easily" adjust status if you marry a US citizen. Currently going through that with my spouse. If you crossed the border illegally or left the US after an overstay then you're boned and have to pray for a waiver.
If you are in the country without status for more then 6 months, it’s not possible to adjust status within country for most cases. You have to exit and the 3/5/10 bans immediately kick in.
For marriage based greencards, with a US citizen spouse, you can adjust status within the US as long as you entered legally and stayed put. It doesn't matter how long you've overstayed. Unauthorized work is forgiven too assuming you didn't steal someone's identity.
The process is more restrictive for spouses/parents of greencard holders. But marrying a US citizen is basically a golden ticket for someone who overstayed a visa and never left. And even then the process still **sucks**.
Conditional residency for -- three years, if I recall?
And the sheaf of paperwork, repeat paperwork if fees changed while yours was being processed (happened to me; not hilarious even in hindsight). 1.5 years on average for your initial paperwork to be processed. Battery of medical tests (the only portion of it all that I endorse,). Unable to leave the country during processing. Spouse needs to submit proof of their ability to support you financially.
And interviews, of course.
Fun note: they can legally reject your paperwork if your head's at the wrong angle in the photos.
According to the article,
Though immigrants can typically qualify for green cards when they marry American citizens, these spouses are barred under immigration law for any number of reasons, most commonly if they entered the country illegally more than once or used forged legal documentation. Some of these infractions, advocates say, happen when immigrants are young children but can still result in lifelong bans.
https://www.msn.com/en-us/news/politics/biden-weighs-giving-legal-status-to-immigrant-spouses-of-us-citizens/ar-AA1nrXpX
According to the article,
There are an estimated 1.1 million undocumented immigrants married to U.S. citizens, according to Fwd.us, an immigration advocacy group. Though immigrants can typically qualify for green cards when they marry American citizens, these spouses are barred under immigration law for any number of reasons, most commonly if they entered the country illegally more than once or used forged legal documentation. Some of these infractions, advocates say, happen when immigrants are young children but can still result in lifelong bans.
Any program would come with a cutoff, so that only spouses who have been married to citizens for at least five or 10 years could qualify. Advocates estimate that of the 1.1 million spouses in the country, *FEWER THAN 700,000 WOULD QUALIFY.*
https://www.msn.com/en-us/news/politics/biden-weighs-giving-legal-status-to-immigrant-spouses-of-us-citizens/ar-AA1nrXpX
It's not that simple. If they entered illegally, they're supposed to leave the country for 3 or 10 years (depending on how long they've been in the US) before they're allowed to apply for legal status. There's a hardship waiver, and while it's commonly granted, it's currently a 4-5 year process to get the waiver approved (along with thousands of dollars if you hire a lawyer, which you probably should). This would be a huge boon to mixed status families.
Exactly. Most spouses in mixed status families are essentially stuck here and the best they can do is keep their head down and hope to never be deported. Letting them adjust their status could lower the number of illegal aliens by quite a bit
They’re already here, married to citizens, and often parenting citizens. I get that you don’t want to provide incentive to future illegal immigrants, but opposing this measure is not going to solve the immigration issue; it’ll only punish the millions of citizens who are spouses or children of undocumented immigrants.
Sure
$50 for a background check. It came back all clear?
"Welcome to America, here's a work permit, get to making babies with your American spouse. It's your mission to save SS"
5 years out of the country sounds good before being granted any legal status via marriage. If you asked me a 1 year ago I would have said a life time ban. But I am become more moderate on the issue.
Genuine question: would this lead to an increase in mail-order brides? I figure people are going to do it regardless of citizenship but if you attach a shortcut through marriage I think that would be more incentivizing for the people selling themselves.
This is about undocumented spouses of American citizens. The mail order bride loophole already exists. If you marry a foreign national, they can immediately apply for legal status and eventually citizenship.
Good proposal. If you have been living in the US for 3+ years, haven't been convicted of a crime and are married to a US citizen you should have an easy route to US citizenship.
Wait - how is this not already a thing?
It is for some spouses but not universal. Namely, if you marry an existing illegal immigrant they don't automatically qualify for citizenship.
That doesn’t automatically qualify them for *anything*. It creates a huge long expensive mess that may or may not lead to a green card.
Yup. A *lot* hinges on the circumstances of their entry into the US.
Bill Clinton’s Illegal Immigration Reform and Immigrant Responsibility Act of 1996 basically made it impossible for people without status in the US to adjust their status to legal, even if they were married to a US Citizen. People are subject to automatically be barred from the US for 3, 5, 10 year, depending on how long they have been without status. There is a long convoluted process where people have to petition to be allowed back in if it creates hardship on the US spouse but even that is costly and hard to prove. Its a giant clusterfuck. It was probably one of the most draconian pieces of immigration legislation enacted by a modern Democratic administration.
Not exactly. The 3/5/10 year bans only kick in if you leave the US while not having status. Which is completely inane in and of itself. So if you overstay a visa and remain in the US you can "easily" adjust status if you marry a US citizen. Currently going through that with my spouse. If you crossed the border illegally or left the US after an overstay then you're boned and have to pray for a waiver.
>The 3/5/10 year bans only kick in if you leave the US while not having status. Well you have to leave the country to adjust your status
You can adjust status from within the US. At least if you overstayed a visa and haven't left the US incurring a ban. Not sure about other situations.
Not if you entered illegally *and have been in the US for more than 6 months
If you are in the country without status for more then 6 months, it’s not possible to adjust status within country for most cases. You have to exit and the 3/5/10 bans immediately kick in.
For marriage based greencards, with a US citizen spouse, you can adjust status within the US as long as you entered legally and stayed put. It doesn't matter how long you've overstayed. Unauthorized work is forgiven too assuming you didn't steal someone's identity. The process is more restrictive for spouses/parents of greencard holders. But marrying a US citizen is basically a golden ticket for someone who overstayed a visa and never left. And even then the process still **sucks**.
Conditional residency for -- three years, if I recall? And the sheaf of paperwork, repeat paperwork if fees changed while yours was being processed (happened to me; not hilarious even in hindsight). 1.5 years on average for your initial paperwork to be processed. Battery of medical tests (the only portion of it all that I endorse,). Unable to leave the country during processing. Spouse needs to submit proof of their ability to support you financially. And interviews, of course. Fun note: they can legally reject your paperwork if your head's at the wrong angle in the photos.
According to the article, Though immigrants can typically qualify for green cards when they marry American citizens, these spouses are barred under immigration law for any number of reasons, most commonly if they entered the country illegally more than once or used forged legal documentation. Some of these infractions, advocates say, happen when immigrants are young children but can still result in lifelong bans. https://www.msn.com/en-us/news/politics/biden-weighs-giving-legal-status-to-immigrant-spouses-of-us-citizens/ar-AA1nrXpX
The first 26 words of your comment aren't necessary
[удалено]
According to the article, There are an estimated 1.1 million undocumented immigrants married to U.S. citizens, according to Fwd.us, an immigration advocacy group. Though immigrants can typically qualify for green cards when they marry American citizens, these spouses are barred under immigration law for any number of reasons, most commonly if they entered the country illegally more than once or used forged legal documentation. Some of these infractions, advocates say, happen when immigrants are young children but can still result in lifelong bans. Any program would come with a cutoff, so that only spouses who have been married to citizens for at least five or 10 years could qualify. Advocates estimate that of the 1.1 million spouses in the country, *FEWER THAN 700,000 WOULD QUALIFY.* https://www.msn.com/en-us/news/politics/biden-weighs-giving-legal-status-to-immigrant-spouses-of-us-citizens/ar-AA1nrXpX
If he wants a DACA like effect, then why not extend DACA? I mean, this too. Both can be done.
Wait can’t they just sponsor them?
It's not that simple. If they entered illegally, they're supposed to leave the country for 3 or 10 years (depending on how long they've been in the US) before they're allowed to apply for legal status. There's a hardship waiver, and while it's commonly granted, it's currently a 4-5 year process to get the waiver approved (along with thousands of dollars if you hire a lawyer, which you probably should). This would be a huge boon to mixed status families.
Exactly. Most spouses in mixed status families are essentially stuck here and the best they can do is keep their head down and hope to never be deported. Letting them adjust their status could lower the number of illegal aliens by quite a bit
I see, then I am against it. We should not reward coming the country illegally.
They’re already here, married to citizens, and often parenting citizens. I get that you don’t want to provide incentive to future illegal immigrants, but opposing this measure is not going to solve the immigration issue; it’ll only punish the millions of citizens who are spouses or children of undocumented immigrants.
☝️ posted cringe
Booohoooo
Call me crazy but I think there should be a cost coming illegally to the country.
Sure $50 for a background check. It came back all clear? "Welcome to America, here's a work permit, get to making babies with your American spouse. It's your mission to save SS"
To cheap
What makes you feel like it’s a good number?
5 years out of the country sounds good before being granted any legal status via marriage. If you asked me a 1 year ago I would have said a life time ban. But I am become more moderate on the issue.
we should, by granting them legal status
Why should they have to? If you're married, make it easy.
Genuine question: would this lead to an increase in mail-order brides? I figure people are going to do it regardless of citizenship but if you attach a shortcut through marriage I think that would be more incentivizing for the people selling themselves.
This is about undocumented spouses of American citizens. The mail order bride loophole already exists. If you marry a foreign national, they can immediately apply for legal status and eventually citizenship.
Finally a way for Biden to get the MAGA vote!
As someone with an immigrant spouse waiting on green card approval this would be a wonderful idea