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U.S. Green Card eligibility changes for undocumented immigrants

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Written byAsaël Häzaqon 02 July 2024

This announcement has unsurprisingly stirred the Republicans but could earn points for the Democrats, a hope for Biden as the presidential campaign heats up. Here's a look at the measure and its eligibility conditions. How are foreign nationals in the US reacting to these measures?

Green Cards: Relaxed conditions for long-term undocumented

Many Republicans and observers have criticized him for tightening asylum-seeker rules. However, Joe Biden is now extending a hand to undocumented immigrants married to American citizens, allowing them to apply for permanent residency. The announcement, made by Biden on June 18, 2024, and echoed by the White House, aims to send a strong message to voters. The date coincides with the 12th anniversary of the Deferred Action for Childhood Arrivals (DACA) program launched by the Obama administration, marking the most significant regularization plan since Obama's era.

Immigration remains a hot topic in presidential elections. With this measure, Republicans intend to highlight their different approach from Trump's and demonstrate its ability to manage immigration levels: strict rules for illegal immigration but support for long-term, integrated foreign nationals.

Unsurprisingly, Biden's announcement has angered Republicans. Trump has condemned it as an "open invitation" to all undocumented foreigners. But what exactly does the new rule entail? Does it apply to all undocumented immigrants?

Eligibility conditions for the Green Card

Biden's new decree does not expand the eligibility criteria for obtaining permanent residency (Green Card) but streamlines the system for already eligible foreign nationals.

Undocumented immigrants married to Americans

The new rule applies only to foreign nationals who have resided in the US for at least 10 years, have no criminal record, and were married to an American citizen before June 17, 2024. According to the executive branch, this applies to about 500,000 individuals, along with 50,000 children.

Typically, being married to an American citizen entitles an individual to apply for a Green Card. The current law requires undocumented applicants to leave the country first (potentially for up to 10 years) before re-entering legally to apply for the Green Card. However, leaving the US after an illegal stay often results in a 10-year ban on re-entry, discouraging many from starting the process.

The new rule significantly eases the procedure, as eligible adults will no longer need to leave the country. If their application is approved, they will have three years to apply for a Green Card. During this period, they will receive a three-year work authorization. They can apply for American citizenship between three and five years after obtaining their Green Card.

Regularization for "Dreamers"

Dreamers haven't been forgotten. These children, who arrived illegally in the US and grew up there, will be eligible for a work visa if they graduate from college and secure a job offer for a "highly skilled" position.

How did foreigners in the US react to the announcement?

Immigrants affected by this measure expressed their relief while sharing their struggles in the media, recalling the tough journey to the US. Most of them arrived over 20 years ago and have built their lives here. Leaving the country for several years to reapply for legal status, without knowing if they would succeed or not, was too risky. They believe this measure will help families stay together.

Dreamers also welcome the news, even though they have questions about the work visa conditions. What defines a "highly skilled" job? Why not extend the visa to anyone with a job? So far, there are no details on how job offers will be evaluated.

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About

I'm the holder of a Master's degree in Law - Political Science as well as a diploma from the Japanese Language Proficiency Test (JLPT) N2, and have worked as a communications officer. I have over 10 years' experience as a web copywriter.

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