USCIS
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The US government is preparing to refund nearly 55 million in application fees to approximately 94,000 unauthorized immigrants married to American citizens who participated in the Biden administration′s recently annulled immigration program.
The program, known as Keeping Families Together, was introduced in June 2023 and intended to assist an estimated 500,000 unauthorized immigrants who had resided in the United States for at least a decade without serious criminal records. However, it faced immediate legal challenges, leading to its cessation shortly after launching in late August. A federal court ruled in favour of Republican-led states that contended the initiative infringed upon existing US immigration law.
Even if the policy had endured the legal disputes, it would have likely met opposition from the incoming Trump administration, which has pledged to dismantle Biden's immigration reforms and enforce heightened deportation measures. The initiative was designed to help long-term undocumented residents, a demographic that progressive advocates argue has been overlooked amid the Biden administration’s focus on addressing record numbers of migrant crossings at the southern border.
Under prevailing US immigration regulations, marriage to a US citizen typically allows individuals to apply for a green card. However, those who unlawfully entered the country are required to leave and reenter legally to obtain permanent residency, a process that could impose a 10-year ban on reentry for individuals who have lived in the US without authorization for extended periods.
The Keeping Families Together program proposed to mitigate these challenges by enabling qualified applicants to seek a green card from within the country through a special immigration classification known as parole, effectively nullifying their illegal entry and allowing temporary work authorization. Moreover, the initiative was expected to provide support for an estimated 50,000 undocumented stepchildren of US citizens.
In light of the court’s decision to vacate the Keeping Families Together program, USCIS will close all pending applications and issue refunds, emphasizing that it is acting in the public interest and in accordance with applicable laws regarding immigration benefits.