MIAMI — Roberto Garcia crossed the border from Mexico in 2009 in search of a better life. He has been married to an American woman for the past eight years and they have three children, all of whom are U.S. citizens. The only one in the family who is not is Garcia.
Seven years ago, he applied to legalize his status. If his application were approved, he would still have to return to Mexico, with no guarantee that he would ever be allowed to return to the United States.
The possibility of being separated from his family or, in the worst case, not being able to return to Los Angeles is stressful. And so is the waiting. It’s been seven years, and Garcia still hasn’t been given an appointment at the U.S. Consulate in Ciudad Juarez, just across the border in Mexico.
Now, a program of the Biden administration the launch on monday will make it possible some husbands of American citizens without legal permission to stay in the United States to legalize their status without leaving the country. That gives Garcia, and others like him, new hope.
“Finally there is a glimmer of hope that this is possible,” the 37-year-old said. “I imagine that soon I will have the important documents that so many people want.”
The new program offers a rare opportunity to eliminate the threat of deportation and one day gain citizenship. But that excitement is tempered by concerns: Who will benefit from what has been described as the most comprehensive U.S. protections for immigrants in more than a decade? Will the program face legal challenges? And most important, will it survive the presidential election?
Under a policy announced by Democratic President Joe Biden in June, many spouses without legal status can apply for something called “conditional release is appropriate,” granting permission to remain in the US, apply for a green card, and ultimately pursue the path to citizenship.
To qualify, they must have been in the U.S. continuously for at least 10 years, not pose a security risk or have a disqualifying criminal history, and be married to a citizen by June 17 — the day before the program was announced. They must pay $580 to apply and fill out a lengthy application, including an explanation of why they are eligible for humanitarian release and a long list of supporting documents proving how long they have been in the country.
They apply to the Department of Homeland Security and if they are approved, they have three years to apply for permanent residence permitDuring that period they can obtain a work permit.
The government estimates that about 500,000 people are eligible, plus about 50,000 of their children.
Before this program, it was complicated for people in the U.S. illegally to get a green card after marrying a U.S. citizen. They could be forced to return to their home country — often for years — and they always ran the risk of not being allowed back.
News of Biden’s program sparked a flurry of activity across the country, as couples checked their eligibility. Immigrant groups reached out to help people understand the program and combat misinformation. Some launched radio ads.
“There is certainly a lot of interest, but also a lot of concern,” said Carolina Castaneda, a staff attorney at the Immigrant Legal Resource Center in California’s Central Valley.
Activists and advocates say they and applicants are considering whether it’s a risk to sign up, whether the program can survive potential Republican lawsuits and what happens if Republican Rep. Donald Trump… who has vowed to deport millions of immigrants — is back in the White House.
There was much more hesitation compared to the excitement that greeted the launch of the Deferred Action for Childhood Arrivals program, or DACA, that protected people brought to the country as children from deportation, said Karla Aguayo, director of legal services at CHIRLA, the Los Angeles-based Coalition for Humane Immigrant Rights.
When DACA was announced in 2012she said, thousands of people were lining up in front of the organization’s office. For the new program, it was just a few couples.
While DACA had many more applicants, the immigrant community has seen this policy end up in court, Aguayo said.
“People say, ‘This is fun, but how long is this going to last?’” she said.
The organization has posted information about the new program online and held information sessions and one-on-one appointments with clients. Those likely to qualify can return Monday to sign up.
The eligible couples are excited, she said. “They come with an accordion folder of documents that they want to have reviewed.”
But, she said, her group is finding that the majority of people she sees don’t qualify. One of the biggest reasons: Many have returned to their home countries at some point — often for major life events, such as a dying family member — and re-entry makes them ineligible.
For María Zambrano, the possibility of Trump winning the presidential election and ending the policy is even more urgent.
“We need to respond as quickly as possible and apply as quickly as possible,” said the 56-year-old resident of Bal Harbour, Florida.
She came to the U.S. from Colombia in 2001 and has never returned. She works as a Spanish teacher and owns her own business. She married a U.S. citizen seven years ago and, like Garcia, has applied for legal status, but she has yet to interview for a job at a U.S. consulate in Colombia.
She has been waiting for that appointment for more than two years. Now she has the chance to avoid the risky journey from the US.
Immigrants who, unlike Garcia and Zambrano, are not yet on the government’s radar may fear the risk of applying, especially if Trump is president. According to Charles Kuck, an Atlanta immigration attorney, his government knows who and where they are.
“Is there a risk involved? One hundred percent,” Kuck said.
This kind of program should have been rolled out a few years ago, not months before an election, Kuck said. He advises clients to wait and see who wins.
Garcia and Zambrano are already thinking about how this opportunity could change their lives.
Garcia and his 44-year-old wife, María, are scheduled to meet with their immigration lawyer the day after the government begins accepting applications on Monday.
María, who had an accident a year ago and is unable to work, said, “My biggest fear is that he won’t be able to come back” if Garcia travels to Ciudad Juarez.
Garcia is the sole breadwinner of the family and the one who, for example, takes the children to school. He cannot take that risk, not even if he finally gets an appointment.
As for Zambrano, she can travel home to visit her parents and brothers. She can get a driver’s license, health insurance, a house, and maybe even votes one day.
Garcia, who says he has been paying taxes since 2010 and is studying for his contractor’s license, also dreams of what he could do with a green card. He’s thinking specifically about going to Mexico for the first time in 15 years to see his parents and seven brothers.
“I haven’t seen them, haven’t talked to them in years,” Garcia said. “I try not to think about it.”
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Santana reported from Rocklin, California.