Program to Legalize Spouses of U.S. Citizens Faces Extended Pause; Houston Lawyers Advise Continued Applications

 The program aimed at legalizing the spouses of U.S. citizens is currently on an extended pause. However, Houston-based lawyers recommend that eligible individuals should continue to submit their applications.

An officer listens to a question as he directs people to a courtroom, Wednesday, Jan. 10, 2024, in an immigration court in Miami. (AP Photo/Wilfredo Lee)

A federal judge on Monday extended a hold on a program to legalize the immigration status of spouses of U.S. citizens until Sept. 23, continuing to keep the program in limbo. The program, colloquially referred to as Keeping Families Together, will affect tens of thousands of Houston residents. Houston lawyers are encouraging eligible families to apply for the program as it works its way through the courts.

The program was announced by the administration of President Joe Biden back in June and started accepting applications Aug. 19. It was temporarily halted Aug. 26 days after Texas and 15 other states filed a lawsuit to block it, citing economic hardship. On Wednesday, the judge then extended the pause on the program until Sept. 23.

Applications from families can still be filed during the course of the court case, but they won't be approved until a judge lifts a hold. 

The program came after pressure from immigrant rights groups to expand legal pathways for long-term immigrants-actually one of the key campaign promises from Biden.

But absent congressional action, Biden has turned to executive authority as a means of providing access to legal pathways through humanitarian parole. Those have been repeatedly challenged in the courts during the past year by Texas and other Republican states as overstepping executive authority.

The program eliminates the current barriers to legalizing immigration status through marriage, which mandates that some immigrants leave the country for their application to be processed. Some wait years outside the country awaiting a waiver approval. Some face a 10-year-ban on reentry when they leave.

The new program applies to spouses who have been living in the U.S. at least for a decade. The benefits would also apply to children of undocumented immigrants whose parents happen to be married to a U.S. citizen.

FIEL’s director of legal department Aura Espinosa helps a person to fill up formal immigration paperwork, Wednesday, July 10, 2024, in Houston. (Houston Landing file photo / Marie D. De Jesús)

Pot of Gold

The program streamlines the path to legalization in an immigration system plagued by backlogs and yearslong delays.

Attorneys said the application process was running smoothly in its first days.

FIEL Houston, a nonprofit that advocates for Houston's immigrant communities, was receiving 80 to 100 calls a day about the program after it was announced, legal services director Aura Espinosa said.

"They were relieved that they were not gonna go out [of the country] for the interview," Espinosa said. "They were willing to do anything and go beyond to get those documents in."

Ruby Powers, a Houston immigration attorney, implored immigrants who might be interested in the program to seek legal advice and apply if they qualify.

This is an opportunity that's almost like a lottery or having a pot of gold sitting in front of you," Powers said. "It doesn't happen that often, and you have to seize the moment and take advantage of it.

Anyone who thinks that they may be eligible should still consult a lawyer to ensure it's the best program for them and they don't fall into any of the exceptions. To apply, individuals must undergo a background check. Individuals with criminal history may not qualify depending on the crime. 

Gordon Quan, a Houston immigration attorney, said his office immediately identified at least 60 clients eligible for the program.

This program will help clients who perhaps have been on a longer road to legalizing their status. Contrary to legal arguments from the state, it will also be an economic benefit for the city and state, he said. 

"This will allow people to finally get work permits, to come out of the woodwork, to be able to work legally, stabilize their life and pay taxes," Quan said.

Quan said he has been informing all his clients about the lawsuit and said most continue to opt in to applying. 

Lawyers said some clients were queasy about sharing their information with the government, especially with the possibility of a second Donald Trump presidency looming. But for many, the benefit can outweigh these doubts.

"It's either you do it or you don't benefit from the program," said Vanessa Ruiz, a Dallas-based attorney with the De Castroverde law firm, which represents clients in Texas and Nevada. 

The novelty of the program has worn off into skepticism, Espinosa of FIEL said. In recent weeks more families have cancelled their appointments to apply to the program.

Espinosa also made it clear that even though the fate of the program is still uncertain, the window for application may not be open for long.

"Whoever still wants to put in their application, don't waste time," Espinosa said.