US Introduces Citizenship Pathway for Migrant Spouses with Notable Exclusions

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, hoping to reenter and reunite with her husband, Xavier, on a path to citizenship.

Joe Biden's offer of a path to citizenship without having to leave 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 programme 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. The Homeland Security Department stated that without this process, many noncitizen spouses would remain in the US without lawful status, causing fear and uncertainty about their futures.

Spouses who do not meet the eligibility criteria face a tough decision: leave the country voluntarily for years or stay in the US without legal status. Karen Chavarria returned to Nicaragua in 2017 and reported to a US consulate as part of her petition to reunite with her husband in the US. She crossed from Mexico in 2002 and applied for legal status after marrying Xavier.

Personal Struggles

Xavier travels twice a year to see Karen and their son in Jinotega, north of Nicaragua's capital Managua. 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 moments like her daughter's high school graduation and birthdays. The new offer filled her with despair. "It is something that we have been fighting for and after so much struggle, to get here without giving ourselves any hope," she said while crying in a video interview from Nicaragua.

Advocacy and Legal Perspectives

The number of spouses who left the US voluntarily is unclear. Eric Lee, an immigration attorney with offices in Michigan and California, said it is 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, they tried to follow the law," Lee said.

The Homeland Security Department did not respond to questions about whether people who left voluntarily will qualify but mentioned they might be eligible for continued processing abroad. The department noted that 64% of potential beneficiaries are from Mexico and 20% from Guatemala, Honduras, and El Salvador.

Exclusions and Fees

People deemed national security or public safety threats and those convicted of serious crimes like felonies for driving under the influence are disqualified. Those found to belong to a gang are also excluded. Eligible individuals can remain in the US for three years under presidential authority known as parole for a USD 580 fee, which includes applying for work authorisation, a green card, and eventually citizenship.

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; I have my wife, my children, everything," Saucedo said. "I don't fit in here."

This policy change aims to reduce fear and uncertainty among noncitizen spouses while maintaining family unity within the United States.