Biden’s Citizenship Path for Spouses Excludes Some Individuals

MIAMI (AP) — Registration commenced on Monday for an estimated 500,000 spouses of U.S. citizens to pursue legal status without needing to leave the country first. However, for individuals like Karen and Xavier Chavarria, there was little to celebrate.

Karen made the difficult decision to leave the United States and return to Nicaragua, aiming to accumulate enough time away to eventually reenter and reunite with her husband, Xavier. This choice was made as a consequence of living in the U.S. without legal status.

President Joe Biden’s recent directive introduces a pathway to citizenship that does not require individuals to depart the country first, marking a significant immigration policy shift since the inception of the Deferred Action for Childhood Arrivals (DACA) program in 2012. This program allowed many young undocumented immigrants to remain temporarily in the United States.

To qualify under the new policy, spouses must have continuously resided in the U.S. for at least ten years by June 17, 2024, and must be married by that date. The administration estimates that around 500,000 spouses and an additional 50,000 stepchildren of U.S. citizens can benefit from this initiative.

According to the Homeland Security Department, without this new process, countless noncitizen spouses would likely remain in the U.S. unlawfully, living in constant fear and uncertainty about their future. Leaving the country disrupts family unity and negatively impacts their emotional and economic wellbeing.

For spouses not meeting these criteria, the situation is dire. They must make an agonizing choice between leaving the U.S. voluntarily for several years to gain the right to reenter or remaining here without legal standing.

Karen Chavarria returned to Nicaragua in 2017 as part of her efforts to petition for reunion with her U.S. citizen husband. She crossed into the U.S. from Mexico in 2002 and applied for legal status after marrying Xavier, 57, who works in building maintenance in New York and resides in Garfield, New Jersey. Together, they have two children, both U.S. citizens.

Xavier visits Nicaragua at least twice yearly to see Karen and their 12-year-old son, who live in Jinotega, located north of Managua. He expressed that residing in Nicaragua is not viable due to a lack of employment opportunities, inadequate diabetes management options, and safety concerns stemming from his family’s long-standing opposition to the political situation in the country. Their 20-year-old daughter has also established her life in the U.S.

Karen has missed significant milestones during their separation, including her daughter’s high school graduation. The Biden administration’s new policy, which offers options to those who chose to stay in the U.S., only deepened her despair.

“We have fought so hard for this, and to still find ourselves without any hope feels devastating,” she shared through tears in a video interview from Nicaragua.

The exact number of spouses who left the U.S. voluntarily remains uncertain. However, immigration attorney Eric Lee stated that it is a significant figure. Many immigrant advocates are urging the White House to consider these individuals in the newly proposed policy.

“Those who have left are being penalized for trying to comply with the law,” Lee noted emphatically.

The Homeland Security Department did not clarify whether those who left voluntarily would qualify for the new provisions, simply stating that such individuals “may be eligible for continued processing abroad.”

Conversely, groups advocating for stricter immigration measures argue that this new policy is excessively lenient. The Federation for American Immigration Reform criticized it, claiming it jeopardizes individuals patiently awaiting legal immigration pathways and suggesting that Biden is rushing to sign people up before his term concludes to complicate potential legal challenges.

The department’s data indicated that 64% of the potential beneficiaries hail from Mexico, while 20% come from Guatemala, Honduras, and El Salvador. Eligible applicants can remain in the U.S. for three years under presidential authority known as parole if they pay a fee of $580, which also allows them to seek work authorization and pursue a path toward a green card and eventual citizenship.

However, those categorized as threats to national security, public safety, or those convicted of serious crimes—including felonies related to driving under the influence—are excluded from participation, as are individuals with gang affiliations.

In Piedras Negras, Mexico, Juan Enrique Sauceda, 47, awaits the opportunity to reenter Texas, where his wife and children reside. Deported in 2019 while married to a U.S. citizen, he is determined to reunite with his family in Houston.

“I want to go back to the U.S. because that is where I’ve grown up. My heart is with my wife and children, but I don’t belong here,” Sauceda expressed.

Source: AP