Biden Offers Citizenship Path for US Citizens' Spouses, Excludes Some

Registration opened on Monday for around 500,000 spouses of US citizens to gain legal status without leaving the country. However, Karen and Xavier Chavarria had no reason to celebrate. Karen left the US voluntarily for Nicaragua, aiming to accumulate enough time away to reenter and reunite with her husband on a path to citizenship.

Joe Biden's offer of a path to citizenship without leaving the country for up to 10 years is one of the most significant presidential orders since 2012. That year, the Deferred Action for Childhood Arrivals program allowed temporary but renewable stays for many who came to the US as children with their parents.

Eligibility and Impact

To qualify, spouses must have lived in the US continuously for 10 years by June 17, 2024, and been married by then. The Biden administration estimates that 500,000 spouses could benefit, along with 50,000 stepchildren of US citizens. "Without this process, hundreds of thousands of noncitizen spouses of US citizens are likely to instead remain in the United States without lawful status," said the Homeland Security Department.

The policy aims to prevent families from living in fear and uncertainty about their futures. Forcing spouses to leave the country disrupts their economic and emotional wellbeing. Spouses who do not meet the criteria face a tough choice: leave voluntarily for years or stay in the US without legal status.

Personal Stories

Karen Chavarria returned to Nicaragua in 2017 and reported to a US consulate for an interview as part of her petition to reunite with her husband. She crossed from Mexico in 2002 and applied for legal status after marrying Xavier, who works in building maintenance in New York and lives in Garfield, New Jersey. They have two children who are US citizens.

Xavier visits Karen and their son twice a year. He cannot live in Nicaragua due to lack of work, diabetes treatment options, and safety concerns because his family has been politically opposed there for years. Their daughter lives in the US. Karen has missed significant events like her daughter's high school graduation and birthdays.

"It is something that we have been fighting for and after so much struggle, to get here without giving ourselves any hope," Karen said while crying in a video interview from Nicaragua.

Legal Perspectives

Eric Lee, an immigration attorney with offices in Michigan and California, said it is unclear how many spouses left voluntarily but described it as a "massive" number. Immigrants and advocacy groups have urged the White House to include them in the new policy. "The only reason why so many are being punished is because they tried to step out of the shadow," Lee said.

The Homeland Security Department did not clarify if those who left voluntarily will qualify but mentioned they might be eligible for continued processing abroad. Groups favouring immigration restrictions consider the policy overly generous. The Federation for American Immigration Reform stated it disservices those waiting to immigrate legally.

Demographics and Fees

The department noted that 64 per cent of potential beneficiaries are from Mexico, while 20 per cent are from Guatemala, Honduras, and El Salvador. Eligible individuals can remain in the US for three years under presidential authority known as parole for a USD 580 fee. This includes applying for work authorization, a green card, and eventually citizenship.

People deemed national security or public safety threats or those convicted of serious crimes like felonies for driving under the influence are disqualified. Gang members are also excluded from eligibility.

Challenges Faced by Others

Juan Enrique Sauceda is waiting in Piedras Negras, Mexico, across from Eagle Pass, Texas. Deported in 2019 while married to a US citizen, he applied to reenter. His wife and two children live in Houston. "I want to return to the United States because I grew up there," Saucedo said. "I have my wife, my children, everything."

The new policy offers hope but also highlights ongoing challenges faced by families separated by immigration laws. Many continue to live apart while navigating complex legal processes.