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What is the American Families United Act? Hope for Family Unity in U.S. Immigration Policy
Love doesn’t stop at borders — but immigration law often makes it feel that way.
Every day, American citizens and their spouses face complex, high-stakes challenges navigating the U.S. immigration system. Even couples who have done everything right can find themselves waiting years, facing unexpected denials, or caught in outdated policies that separate families instead of uniting them.
Much of this stems from the 1996 Illegal Immigration Reform and Immigrant Responsibility Act — legislation that still shapes how spousal visas are processed today. Its “unlawful presence” bars have left countless mixed-status families in legal limbo, unable to move forward without leaving the country or enduring long separations.
That’s why immigration professionals and advocates are closely watching the American Families United Act — a bipartisan proposal that would keep family unity at the heart of immigration policy. While the Act still faces significant hurdles to approval, this article breaks down everything you need to know about this proposal.
At Strang Immigration, we’ve guided hundreds of families through the spousal visa process. Our attorneys stay current on every policy shift that impacts American families, ensuring our clients get the clarity and strategy they need in a constantly changing system.
Looking for straightforward, reliable guidance on your spousal visa case? Get in touch today for a complimentary consultation with one of our immigration attorneys.
The Long Road to Family Unity Reform
The American Families United Act was originally introduced in 2013 by former Representatives Beto O'Rourke (D-Texas) and Steve Pearce (R-New Mexico). Since then, this legislation has been reintroduced in multiple sessions of Congress.
The most recent version, H.R. 2366, was reintroduced in March of 2025, by Congresswoman Maria Elvira Salazar (R-FL-27) and Veronica Escobar (D-TX-16). The bill currently has 29 cosponsors, including 24 Democrats and 5 Republicans.
For the American Families United Act to become law, it must pass both the House of Representatives and the Senate in identical form, then be signed by the President. Based on historical data, only about 2% of bills introduced in recent Congressional sessions have been enacted. The path forward faces significant political challenges, but the bipartisan support and narrow, family-focused approach give it a fighting chance.
The urgency behind this legislation stems from problems created nearly three decades ago around immigration status.
In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act, which eliminated key defenses against deportations, erected barriers to unauthorized immigrants legalizing their status, and established lengthy bars to re-entry after an extended unauthorized stay. What was meant to deter illegal immigration instead created a system that punishes American citizens and their families for minor, often technical violations.
What the American Families United Act Actually Does
The American Families United Act doesn’t create blanket amnesty or new pathways to citizenship. Instead, it allows immigration judges and DHS/DOJ officials to assess spouses and children of U.S. citizens on a case-by-case basis, granting relief when separation would cause real hardship.
Here’s what the bill would change:
Waivers for inadmissibility grounds
The Act allows U.S. citizens to request waivers for inadmissibility grounds such as unlawful presence or prior deportation if denial would cause hardship to their family.
Reducing harsh bars and penalties
The legislation would allow spouses and children of U.S. citizens to apply for waivers of certain inadmissibility grounds. Currently, immigrants who remain in the U.S. without authorization for more than one year are subject to a ten-year bar on legal admission, and those who falsely claim to be a U.S. citizen face a permanent ban.
Family unity as a central consideration
The Act establishes a presumption that separation of a U.S. citizen from their spouse or child constitutes a hardship that must be weighed in decision-making.
Expanded discretionary relief
It grants officials expanded discretion to terminate removal proceedings, decline to issue or reinstate removal orders, or grant re-application for admission — in eligible cases and subject to strict limitations.
Protection for immediate relatives of U.S. citizens
The Act affirms that keeping U.S. citizens together with their spouses and children is a priority. It gives officials the tools to prevent unnecessary family separations based on technical violations or past mistakes.
Case-by-case review and individualized assessments
All determinations under the Act would be made on a case-by-case basis. Waivers would be available only for the spouse or child of a U.S. citizen, and only when the non-citizen is not a national security threat and has no history of serious criminal activity.
There are explicit exclusions for individuals removable or inadmissible on criminal, national security, or terrorism-related grounds.
Who Would Benefit from This Legislation
The American Families United Act would impact a significant number of American families currently caught in an impossible situation.
U.S. citizens with undocumented spouses or children
These are Americans who married someone without realizing that person faced a lifetime bar to legal status. They’re parents trying to keep their children’s other parent in the country — or adult children caring for loved ones who entered the U.S. decades ago and never had a path to legalization.
Mixed-status families facing separation and legal hurdles
You might be a fifth-generation American married to someone who made a mistake at the border as a teenager. Or a teacher who can’t sponsor her husband of 20 years because he overstayed a visa before they met. For thousands of families, current law makes it nearly impossible to stay together legally without years of forced separation.
Undocumented individuals with deep community and family ties
The Act focuses on individuals who have built lives, families, and careers in the U.S. but risk deportation over technical or decades-old immigration violations. It would give them the opportunity to remain with their loved ones and continue contributing to their communities.
A Human-Centered Approach to Supporting Families
What makes the American Families United Act different from other immigration proposals is its laser focus on family unity. This isn’t sweeping, comprehensive reform trying to fix every part of the system. It isn’t employment-based immigration catering to corporate interests. It’s targeted relief for American citizens who simply want to live with their families.
Earlier immigration reform efforts often prioritized employment needs or broad legalization programs. Those are important discussions — but they tend to get bogged down in politics over border security, amnesty, and economic impact.
The American Families United Act sidesteps those debates by asking a simpler question:
Should American citizens lose the right to live with their spouses and children because of immigration mistakes made years ago?
The bill prioritizes cases involving spouses and children to reduce the risk of family separation for those already living in the United States. At its core, it affirms that preserving the sanctity of the family should be a national priority. It acknowledges the emotional and psychological devastation caused by forced separation — and that exiling U.S. citizens or keeping their loved ones abroad serves no legitimate policy purpose when those family members pose no threat.
The Act restores the limited judicial and administrative discretion that was largely removed in 1996. It doesn’t create new benefits or “skip the line.” It simply gives immigration officials the ability to consider the full picture before making decisions that could tear families apart.
What This Means for Spousal Visas and Family Immigration
If the American Families United Act becomes law, it could significantly shift how mixed-status families navigate the immigration system.
Greater flexibility in spousal-visa and adjustment-of-status scenarios
Currently, if you’re a U.S. citizen sponsoring a spouse who is subject to a 10-year bar or other inadmissibility grounds, options are limited: waiver eligibility is narrow and delays can be long. Under this bill, adjudicators would have greater flexibility to grant relief in cases where denial or removal of the spouse would harm the U.S. citizen.
Expanded eligibility for waiver relief
The legislation broadens the circumstances under which spouses and children of U.S. citizens may seek a waiver of certain inadmissibility or deportability grounds, particularly when the removal or denial would result in hardship to the citizen spouse or child.
Enhanced protections for families facing removal or past violations
The bill gives DHS and DOJ discretion — in over-turning removal orders, declining to issue removal notices, or allowing re-application for admission — for eligible spouses or children of U.S. citizens. It also allows motions to reopen certain prior decisions if the bill were in effect.
A realistic path for families in the current system
For U.S. citizens and their spouses, this means that past immigration violations don’t automatically equate to permanent separation. It means adjudicators can consider the long-term nature of the relationship, community ties, and the impact on the citizen’s life before making decisions.
Because this is proposed legislation, nothing is guaranteed until the bill is enacted — eligibility, timing, and outcome will depend on the case facts and adjudicator review.
The Challenges Ahead
Despite bipartisan support and the narrow scope of the bill, the American Families United Act faces significant hurdles.
Legislative and political realities
Immigration remains one of the most politically charged topics in American politics, especially under the current administration.
The current Congressional climate makes passage uncertain, and any immigration legislation requires significant political will to move forward.
Concerns about enforcement and system capacity
Some critics worry about adding more discretionary authority to an already overburdened immigration system. According to Syracuse University's Transactional Records Access Clearinghouse, backlogs have become so extreme that an increasing number of families have turned to suing USCIS in federal court to force the agency to adjudicate their waiver applications. Adding case-by-case reviews could strain resources further without additional funding and staffing.
Broader immigration debate
No immigration legislation exists in a vacuum. The American Families United Act, though focused solely on family unity, still operates within the larger political battles over border security, enforcement, and legalization. Some lawmakers see it as common-sense, narrowly tailored reform. Others view it as a slippery slope toward broader changes they oppose. These realities make even targeted family-unity proposals an uphill fight in today’s Congress.
How Strang Immigration Can Help
At Strang Immigration, we've built our practice on a foundation of integrity, transparency, and authentic advocacy for families navigating the immigration system. We don't make promises we can't keep, and we don't sugarcoat the challenges you face.
Our specialized knowledge in spousal visas and immigration law means we stay current on every development that could impact your case. We're tracking the American Families United Act and other legislative changes so we can advise you on your options as the law evolves.
If you're in a mixed-status family facing immigration challenges, we can help you understand your current options and prepare for potential changes.
Whether you're just starting the spousal visa process or you're facing seemingly insurmountable barriers, our attorneys work directly with you to build the strongest possible case.
Immigration law is complex and constantly changing. Having an immigration attorney who stays informed and fights for your family makes all the difference.
Get in touch with Strang Immigration today to learn how we can help.
