Calderon Settlement Can Benefit Spouses of U.S. Citizens Living in the New England Area
- Baking AI
- Nov 7
- 3 min read
The Calderon Settlement is an important immigration policy development that offers new opportunities for certain noncitizens married to U.S. citizens in the New England region. Approved in early 2025, this settlement provides relief to individuals with final orders of removal who were previously unable to adjust their immigration status.
If you live in Massachusetts, Connecticut, Maine, New Hampshire, Rhode Island, or Vermont, this legal settlement could allow you to remain with your spouse and family while applying for lawful permanent residence.
This blog explains who qualifies under the Calderon Settlement, what the process involves, and how affected families can apply for protection and status adjustment.
What Is the Calderon Settlement
The Calderon Settlement stems from the case Calderon Jimenez v. Mayorkas, which challenged the way U.S. immigration authorities handled cases of noncitizens who were married to U.S. citizens but already had final removal orders.
Before this settlement, individuals under such orders were often blocked from pursuing Green Card applications through their U.S. citizen spouses, even when eligible. Deportation risks were high, and many families were separated.
The federal court in Massachusetts approved the settlement in January 2025, creating a new process to reopen and protect these cases.
Who Qualifies for Relief Under the Calderon Settlement
The settlement applies to certain noncitizens who:
Live in the New England area (Massachusetts, Connecticut, Rhode Island, Maine, Vermont, or New Hampshire).
Have a final order of removal issued before the settlement date.
Are married to a U.S. citizen who has filed or will file a Form I-130 Petition for Alien Relative.
Do not have serious criminal convictions or national security concerns.
Eligible individuals can now request a stay of removal and work toward legal permanent residence through marriage to a U.S. citizen.
For spouses already pursuing Spouse & Fiancé(e) Visas (IR/CR-1, K-1, K-3) or other family-based petitions, this settlement offers new hope for completing the process without being detained or deported.
What Benefits Does the Settlement Provide
The Calderon Settlement helps qualifying individuals by:
Allowing them to remain in the U.S. temporarily while their immigration case is reviewed
Giving them the ability to apply for work authorization
Permitting them to pursue adjustment of status through their U.S. citizen spouse
Providing legal protection from removal during the settlement period
Once the stay of removal is approved, the person may be able to file for permanent residence without leaving the country, reducing the risk of triggering long-term reentry bans.
How the Application Process Works
The process to apply under the Calderon Settlement includes several steps:
Determine Eligibility: Confirm that you live in one of the six New England states and have a qualifying marriage to a U.S. citizen.
File a Request for Stay of Removal: The request must be submitted to the U.S. Immigration and Customs Enforcement (ICE) office in Boston, following the procedures outlined in the settlement notice.
Submit or Update a Form I-130 Petition: If not yet filed, the U.S. citizen spouse must submit a Form I-130 with supporting documents proving a valid marriage.
Apply for Adjustment of Status: Once the stay of removal is approved, applicants can proceed to file Form I-485 for Green Card processing with USCIS.
Attend Biometrics and Interviews: USCIS will schedule fingerprinting and an in-person interview to verify eligibility.
Receive a Decision: Approved applicants will gain lawful permanent resident status and later be eligible for U.S. Citizenship & Naturalization after fulfilling residence and other requirements.
Common Questions About the Calderon Settlement
Does this apply to people outside New England?
No. The settlement specifically covers noncitizens in the New England area who are part of the defined class.
Can I apply if I already have a deportation order?
Yes, the settlement was designed for individuals with final removal orders who meet eligibility requirements.
What happens if my I-130 petition was denied before?
You may be eligible to refile or reopen your case if you now qualify under the settlement’s protections.
Can I travel while my case is pending?
Travel outside the United States is not recommended until your adjustment of status is complete, as it could lead to case abandonment.
Why Legal Guidance Matters
Immigration settlements like Calderon involve specific eligibility rules and deadlines. Missing documents or filing errors can delay your case or lead to denial. A qualified attorney can help determine if you qualify, prepare evidence, and file correctly.
T.P.L. Global, led by Tejas G. Patel, Esq., helps families across New England navigate complex immigration cases. The firm assists with:
Green Card and family petitions.
VAWA and humanitarian protections such as U Visa, T Visa, and Asylum.
If you believe you qualify under the Calderon Settlement or want to review your options for relief, professional legal support can make the process smoother and safer.
Book your consultation today to discuss your eligibility with an experienced immigration attorney and learn how this settlement could help you and your family.
Comments