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VIDEO: Will Biden give work permits to spouses of US citizens who are in the country illegally?

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The White House is considering options to grant temporary legal status and work permits to immigrants living in the U.S. without legal permission who are married to American citizens, according to three sources familiar with the matter. This move could galvanize some Democrats in advance of the November elections.

Under pressure from Democratic lawmakers and advocacy groups, President Joe Biden is contemplating actions to safeguard immigrants living in the country unlawfully, while also exploring executive measures to decrease illegal border crossings.

In the United States, an American citizen can marry a person who is in the country illegally, but the marriage does not automatically confer legal status or citizenship on the undocumented immigrant. The marriage itself is valid and recognized under the law, but it does not change the immigrant’s status or provide a pathway to citizenship.

If the undocumented immigrant wishes to obtain legal status based on the marriage, they would typically need to pursue a process known as “adjustment of status.” This process involves applying for a green card (lawful permanent residence) based on marriage to a U.S. citizen. However, this process can be complex and may require the assistance of an immigration attorney, especially if the immigrant entered the country illegally or has other complicating factors in their immigration history.

It’s important to note that marrying solely for the purpose of obtaining immigration benefits is considered immigration fraud and is illegal. Both parties must enter into the marriage in good faith, meaning they genuinely intend to build a life together as a married couple.

Each case is unique, so anyone considering marriage to an undocumented immigrant should seek advice from an immigration attorney to understand the specific legal implications and requirements based on their individual circumstances.

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May 2024
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