Legal Rights for Spouses in Family-Based Immigration Delays

What Are My Non-US Spouse’s Immigration Rights?

For many people, family is everything. Whether it’s parents, children, or spouses, we all want to make the world a better place for those closest to us. Sometimes, this can mean traveling to another country for economic opportunities or to help create a better life away from political persecution. When one person immigrates to another country, separating the rest of the family can be challenging. Families are always eager to reunite, especially if the immigrant has created a better life and found more opportunities in their new home.

U.S. immigration law permits people who were born U.S. citizens or who obtained U.S. citizenship to help their spouses immigrate to America and become citizens themselves. Due to recent changes and shakeups in immigration policy, the path forward to citizenship may not seem as straightforward as it might have been in the past. This is especially true following recent developments regarding the Keeping Families Together Act. The rapidly changing face of U.S. immigration law is why it’s necessary to hire an experienced and dedicated immigration attorney. In the face of an uncertain future, an immigration attorney is essential to protecting you and your loved ones, particularly during any immigration delays.

What Was the Keeping Families Together Act?

The Keeping Families Together Act was an effort to permit spouses and stepchildren who had already entered the United States as non-citizens to remain with their families by applying for “parole.” In this instance, “parole” meant not being subject to deportation from the United States or being made or encouraged to leave the country. Keeping Families Together was intended to remove some of the uncertainty of the immigration process for stepchildren and spouses.

Although numerous people applied for parole through the program, it was subsequently struck down by a federal judge. This leaves the future of the program, as well as the legal status of applicants, unclear. This is why anyone who applied for parole through Keeping Families Together must consult an experienced immigration attorney. U.S. immigration policy is changing on a constant and often rapid basis. An experienced attorney is vital for understanding changes that may be made to immigration law and for helping you navigate those changes quickly and efficiently.

Can My Spouse Become a Citizen if I Already Am?

If you are married to a U.S. citizen, you may be eligible to receive a Green Card. The Green Cards for Relatives of U.S. Citizens program permits specific individuals to obtain green cards based on their relation to a U.S. citizen. Individuals eligible include:

• The Parents of U.S. Citizens if the Citizen is 21 or Older
• The Unmarried Children (Under 21) of a U.S. Citizen
• The Spouse of a U.S. Citizen

The process of receiving a green card can be complex and challenging, and involves a lot of paperwork. Even if you and your spouse have filed all of the necessary forms and documentation, a lot of waiting is still involved. Because of the number of people currently attempting to immigrate to the United States, processing times can be extended.

You may be vulnerable while you or your spouse are waiting for your application to be processed. U.S. immigration law has begun constantly changing over 2025, and new developments are not always predictable. This is why it’s vital to retain the services of an experienced immigration attorney. An immigration attorney will be able to understand changes as they occur and help you and your family strategize the next best steps.

What Are the Rights of Someone Waiting for Their Immigration Application to Process?

The precise rights and legal status of individuals waiting for their immigration applications to be processed are uncertain. Due to court rulings, the passage of executive orders, and the fast-tracking of specific legislation through Congress, immigration has become volatile and unpredictable. Certain rights may change depending on geographic region. For instance, you may be legally required to identify yourself to certain law enforcement personnel in some states but not others. In recent months, the precise rights and legal status of immigrants have become unclear.

Certain immigration officials, politicians, and courts have argued or ruled that some rights as they were understood in the past no longer apply, or they have reinterpreted those rights. For instance, courts may rule that immigration officials might enter certain places without prior notice when, in the past, they may have previously been restricted or required a court order.

The surest way to protect your and your spouse’s safety is to contact our firm’s experienced immigration attorney. Our attorney understands and can interpret rapid changes to the law and can “think on his feet” to change your immigration strategy at a moment’s notice. This quick thinking can make or break your and your spouse’s chances of remaining together in America.

What Should I Do if My Spouse’s Immigration is Delayed?

America remains a destination of hope and promise to many families around the world. At this moment, immigration to America is fraught, complicated, and potentially frightening. With Espinoza Law Group on your side, it doesn’t have to be.

Ruben Espinoza has worked in immigration law for years and has seen firsthand the struggles, sacrifices, and triumphs of immigrant families. He’s argued before the Board of Immigration Appeals, U.S. District, and Federal Circuit Courts of Appeals. His experience places him in a unique position to help immigrant families navigate the ever-changing landscape of U.S. immigration law and to help protect spouses wishing to remain with their families while waiting for a decision. Ruben Espinoza and the team at Espinoza Law Group have zero tolerance for legal abuses or families being forcibly separated. They’ll fight tooth and nail to make sure your loved ones are protected while waiting on an immigration decision.

Immigration is challenging but rewarding. Without the right people in your corner, it can also be intimidating. With Ruben Espinoza and Espinoza Law Group on your side, it doesn’t have to be. If your spouse’s immigration case has been delayed, contact us today at 213-667-0701 to schedule your free case screening and protect yourselves.