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These Categories of Immigrants Cannot Use the New Biden Amnesty for Spouses of U.S. Citizens

As an immigration attorney in the United States, I understand that navigating the complexities of U.S. immigration law can be hard. The new process of legalization for spouses of U.S. citizens announced by President Biden on June 18, 2024 is actually very limited in its applicability. Many people will NOT be able to legalize through it even if they are married to a U.S. citizen and living in the States over 10 years.  Whether you’re dealing with an old deportation order, learning about amnesty for a spouse of a US citizen, or trying to understand the implications of a pending VAWA (Violence Against Women Act) case, you must be well-informed about your rights and options.

The following categories of undocumented immigrants will NOT benefit from the new Biden program for spouses of citizens:

**Old Deportation Orders**

If you have an old deportation order, it’s essential to address this issue promptly. Old orders can resurface and cause complications, potentially leading to removal from the United States. Consulting with an immigration attorney can help you understand your options for reopening your case or seeking relief.

Even with the new amnesty for spouses of U.S. citizens, having an old deportation order can still pose significant challenges.

**Separation or Divorce from a U.S. Citizen Spouse**:

If your immigration benefits were based on your marriage, it’s crucial to seek legal advice to explore alternative routes to maintain your status.

In the case of separation, divorce, or the process of filing for divorce from your U.S. citizen spouse, the new amnesty program may not provide the relief you are seeking.

**VAWA vs. New Immigration Processes**:

The new immigration processes cannot substitute for VAWA. If you are already in the VAWA process and no longer with your abusive spouse, you cannot switch to the new process. VAWA provides specific protections and pathways for survivors of abuse, tailored to their unique circumstances.

Those in the VAWA process should not assume the new amnesty for spouses of U.S. citizens will offer a better or alternative route to legalization.

**Pending VAWA and Living with an Abusive Spouse**:

If you have a pending VAWA case and are still living with your abusive spouse, who refuses to file for you, the new process will not assist you. Do not consider withdrawing your VAWA application; it remains your best option under these circumstances.

**Pending VAWA Case and Visa Forgiveness**:

Those with a pending VAWA case do not need to seek additional forgiveness for entering without a visa. VAWA provisions already address this issue, offering protection and potential paths to legal status.

**Limitations of the New Process**:

The new process is not applicable if your U.S. citizen relative petitioner is your child over 21. It specifically applies when your spouse is a U.S. citizen. Understanding the eligibility criteria is crucial to avoid unnecessary complications.

The new amnesty for spouses of U.S. citizens does not extend to those whose petitioner is a child over 21. This shows the importance of understanding specific eligibility criteria.

**Reentry and the 10-Year Ban**:

If you left the U.S. and reentered before the 10-year ban expired, you will still require an I-212 Waiver. This waiver is necessary to overcome the ban and seek permission to reapply for admission into the United States.

Navigating these scenarios requires careful consideration and professional guidance. As an immigration attorney, my role is to provide you with expertise and support for legal landscapes. Don’t hesitate to reach out for a consultation to explore your options and protect your rights.

Shepelsky Law GroupImmigration Lawyers for all 50 states

☎: (718) 769-6352

Marina Shepelsky is an experienced immigration attorney dedicated to helping individuals navigate the complexities of U.S. immigration law. We provide compassionate and knowledgeable legal support to clients building their lives in the United States.