Registration opened on Monday for approximately 500,000 spouses of U.S. citizens to gain legal status without leaving the country, yet Karen and Xavier Chavarria found no reason to celebrate. Karen voluntarily left the United States for Nicaragua, aiming to accumulate enough time away to reenter and reunite with her husband, Xavier, on a path to citizenship after living in the country illegally.
Joe Biden’s recent order offers a path to citizenship without requiring spouses to leave the country for up to 10 years. This is one of the most significant presidential moves to ease immigrant entry since the 2012 Deferred Action for Childhood Arrivals program, which allowed temporary stays for many who came to the U.S. as children.
To qualify, spouses must have lived continuously in the U.S. for 10 years by June 17, 2024, and have been married by that date. The administration estimates 500,000 spouses and 50,000 stepchildren of U.S. citizens could benefit. The Homeland Security Department stated that without this process, many noncitizen spouses would remain in the U.S. without lawful status, causing families to live in fear and uncertainty. Forcing spouses to leave disrupts their economic and emotional wellbeing.
President Joe Biden has announced a huge policy change that will grant legal status to approximately 500,000 undocumented spouses of U.S. citizens.
This initiative provides these individuals with protection from deportation, work permits, and a clear pathway to citizenship. pic.twitter.com/miQy9R6WKN
— Horlarofficial (@horlarofficiall) June 19, 2024
Those who don’t meet the criteria face a tough choice: leave the country voluntarily for years or stay in the U.S. without legal status. Karen Chavarria returned to Nicaragua in 2017 and reported to a U.S. consulate for an interview to reunite with her husband. She crossed the Mexico border 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, both U.S. citizens.
Xavier visits Karen and their 12-year-old son in Jinotega, Nicaragua, twice a year. He can’t live in Nicaragua due to lack of work, limited diabetes treatment options, and safety concerns due to his family’s political opposition. Their 20-year-old daughter lives in the U.S. Karen has missed significant moments, including her daughter’s graduation and birthdays. The new offer filled her with despair, feeling hopeless after years of struggle.
The number of spouses who voluntarily left the U.S. is unclear, but Eric Lee, an immigration attorney, called it a “massive” number. Immigrants and advocacy groups urge the White House to include them in the new policy. Lee stated that many are punished for trying to follow the law by stepping out of the shadows.
Homeland Security did not clarify if those who left voluntarily qualify, saying they “may be eligible for continued processing abroad.” Immigration restriction groups view the policy as overly generous. The Federation for American Immigration Reform claims it disservices those waiting to immigrate legally and accuses Biden of rushing to enroll people before leaving office, making it difficult for courts to overturn the benefits.
The department stated that 64% of potential beneficiaries are from Mexico, and 20% from Guatemala, Honduras, and El Salvador. They can stay in the U.S. for three years under parole for a $580 fee, which includes work authorization, a green card, and eventual citizenship. National security or public safety threats, and those convicted of serious crimes, including felonies for driving under the influence, or gang affiliations, are disqualified.
Juan Enrique Sauceda, 47, waits in Piedras Negras, Mexico, across from Eagle Pass, Texas. Deported in 2019 while married to a U.S. 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.”
Frequently Asked Questions
Here are some common questions asked about this news
What is the new policy for spouses of U.S. citizens?
They can gain legal status without leaving the U.S. if they meet certain requirements.
Who is eligible for this new policy?
Spouses who lived in the U.S. continuously for 10 years by June 17, 2024, and were married by then.
How many people could benefit from this policy?
Up to 500,000 spouses and 50,000 stepchildren of U.S. citizens.
What are the disqualifying factors for this policy?
National security threats, serious crimes including DUI felonies, and gang affiliations.
What is the fee for applying under this policy?
The fee is $580, which includes the ability to apply for work authorization.
