Registration has started for approximately 500,000 spouses of U.S. citizens to obtain legal status without the need to leave the country first. This initiative by President Joe Biden grants a path to citizenship for spouses who have lived continuously in the U.S. for at least ten years and were married by June 17, 2024. The Biden administration estimates that around 500,000 spouses and 50,000 stepchildren of U.S. citizens could benefit from this new policy.
The Department of Homeland Security highlighted the importance of this policy in preventing families from living in fear and uncertainty about their future by allowing noncitizen spouses to gain legal status without having to leave the country. However, individuals who do not meet the specified criteria face a difficult decision of either leaving voluntarily and waiting to reenter or staying in the U.S. without legal status.
One couple affected by this policy is Karen and Xavier Chavarria. Karen had to return to Nicaragua voluntarily in 2017 to comply with the regulations after living in the U.S. since crossing the border from Mexico in 2002. Xavier, her husband, who works in New York, travels to Nicaragua regularly to see Karen and their son, as he cannot relocate due to employment opportunities, healthcare concerns, and safety reasons in Nicaragua.
Spouses like Karen who left the U.S. involuntarily have been left in despair by the new policy, as they had hoped for an opportunity to regain legal status while staying in the country. Immigration attorney Eric Lee emphasized the challenges faced by those who attempted to follow the law by stepping out of the shadows and urged the government to consider including them in the policy.
Critics of the policy, such as the Federation for American Immigration Reform, argue that it is overly generous and may disadvantage those waiting to immigrate legally. However, the Biden administration’s objective is to provide an opportunity for eligible spouses to remain in the U.S., obtain work authorization, a green card, and eventually, citizenship for a fee of $580. The program also disqualifies individuals considered threats to national security or public safety and those convicted of serious crimes.
Individuals affected by the policy, like Juan Enrique Sauceda who was deported in 2019, express a deep desire to return to the U.S. where their families reside. Homeland Security noted that the majority of potential beneficiaries are from Mexico, with others coming from Guatemala, Honduras, and El Salvador. Ultimately, the policy offers hope to many families seeking a path to legal status and eventual citizenship in the United States.
