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President Joe Biden recently announced a new executive order that provides protection against deportation for undocumented spouses of U.S. citizens who meet certain legal criteria while seeking legal residency. This order, which comes shortly after the 12th anniversary of the DACA program, has been praised by immigration advocates in Nevada and beyond as a significant expansion of rights for undocumented individuals.

This executive order will offer relief to families with mixed immigration statuses, a common situation in Nevada where nearly 136,000 people live with undocumented family members. The order aims to keep families together and provide a path to legal status for those who have been living in the U.S. for over 10 years and have no deportation history.

Under this new order, undocumented spouses and stepchildren under 21 of U.S. citizens will be eligible for a temporary stay permit or “parole in place.” Those who meet the criteria can apply for approval from the Department of Homeland Security (DHS) and, if approved, will have three years to apply for legal permanent residency.

Previously, undocumented spouses had to leave the U.S. to apply for legal residency, a process that could take years. Now, they can remain in the U.S. without the fear of deportation during this period and can also apply for work permits. This change could be life-changing for many Nevadans, as it provides a pathway to legal status without the need to leave the country.

It is important for undocumented individuals in Nevada who believe they may be eligible to start gathering necessary documents and be cautious of scams from notaries or immigration consultants promising assistance for a yet-to-be-published application process. Marriage to a U.S. citizen does not automatically grant legal protections to those who entered the country unlawfully, and the process of obtaining legal residency can be complex and costly.

In the past, spouses of undocumented individuals had limited options for obtaining legal status. The new executive order represents a significant shift in policy that acknowledges the contributions of undocumented individuals to American communities and provides a way for families to stay together without facing lengthy separations or potential bans from reentering the U.S.

Overall, this new order marks a positive step towards comprehensive immigration reform and offers hope to thousands of Nevadans who have been living in the shadows for years. The impact of this policy change could be transformative for many families and individuals who have longed for a way to legalize their status and fully contribute to their communities. As the application process unfolds in the coming months, it will be crucial for eligible individuals to seek accurate information and guidance to navigate this opportunity effectively.