Undocumented spouses of U.S. citizens can apply for Biden program

Catch up quick: The new rule, which also applies to stepchildren of U.S. citizens who lack legal status, allows immigrants to get lawful permanent residency, also known as a green card, without being required to leave the country.

• They'll also be eligible for a three-year work permit.
• Eligibility is strict. Applicants must prove they have been in the U.S. for at least 10 years before June 17, 2024, and must be legally wed.

Reality check: Like other programs aimed at helping immigrants without legal status, this one will likely face a legal challenge.

• For example, the Deferred Action for Childhood Arrivals (DACA) program enacted when President Obama was in office no longer accepts new applications because of a court ruling.
• "We stand ready to defend this lawful and transformative process from potential legal challenge, as well as advocating for an expansion of eligibility criteria to include other mixed status couples," Karen Tumlin, founder and director of Justice Action Center, said in a news release.

What they're saying: The program makes getting a green card less risky for immigrants whose U.S. citizen spouses have petitioned for them, Jessica Cisneros, managing attorney for the Texas Immigration Law Council, told Axios.

• "Families get to stay together. There's not this hanging question of, if I leave, do I get to come back?"
• The Texas Immigration Law Council has opened a free, bilingual hotline for people looking for credible information and warned about watching for scams regarding the application process.

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