Undocumented immigrants can now begin applying for a Green Card with USCIS

Starting this Monday, USCIS began accepting applications for Green Cards for certain categories of undocumented immigrants in the United States.

This process is facilitated through a new electronic form, Form I-131F, intended for certain noncitizen spouses and stepchildren of U.S. citizens.

Starting today, August 19, 2024, the United States Citizenship and Immigration Services (USCIS) office has begun accepting applications from undocumented spouses of U.S. citizens seeking to obtain a Green Card without having to leave the country.

The process costs $580 and offers, as an initial step, a pardon from deportation and the possibility of obtaining an Employment Authorization (EAD).

It is important to note that both spouses and children seeking to benefit must file Form I-131F separately.

The initiative is the result of a proclamation issued by President Joe Biden on June 18, which instructed the Department of Homeland Security (DHS), to which USCIS belongs, to facilitate the process of obtaining a Green Card for undocumented spouses of Americans without having to leave the country.

Who is eligible

To be eligible, an immigrant must meet certain requirements: reside in the United States, have been physically present in the country continuously for at least 10 years, and have a legally valid marriage to a U.S. citizen before June 17, 2024.

In addition, the security review is an essential step in the process, where it will be verified that the applicant does not have criminal convictions that disqualify him/her under immigration law and that he/she does not represent a threat to national or public security.

If parole is granted, non-citizens may be able to apply for lawful permanent residence without leaving the United States.

Parole in place

USCIS has launched the “Keeping Families Together” initiative, an online resource that guides immigrants and their families through the application process. Information is available in Spanish on the official USCIS website.

The agency has also warned against potential fraud and recommends that immigrants seek legal advice only from licensed attorneys or accredited representatives of organizations recognized by the Department of Justice.

USCIS reminds that it will never request payments through third parties such as Western Union, MoneyGram, PayPal or gift cards, and that all payments must be made through the official system.

For more details about this process and to access available resources, please visit the official USCIS website.

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