Immigrants Anticipate New Biden Protections with Excitement and Worry

In 2009, Roberto Garcia crossed the border from Mexico, seeking a better life in the United States. Now, after marrying an American woman and having three children who are all U.S. citizens, Garcia finds himself still undocumented. For years, he has been waiting for the chance to legalize his status, a process complicated by the risk of returning to Mexico without any guarantee of reentry.

Seven long years have passed since he applied for legal status, but Garcia has yet to secure an appointment at the U.S. Consulate in Ciudad Juarez, Mexico. The possibility of being separated from his family or not being allowed to return home to Los Angeles weighs heavily on him.

However, a new initiative from the Biden administration, set to launch on Monday, brings hope for Garcia and others in similar situations. This program will enable certain spouses of U.S. citizens who lack legal status to adjust their immigration status without having to leave the country.

“Finally, there is a light that this is possible,” the 37-year-old expressed. “I imagine I will soon have the important documents that so many people want to have.”

The program represents a significant opportunity for many immigrants to eliminate the threat of deportation and eventually pursue citizenship. Still, questions loom regarding its effectiveness. Will it truly benefit those in need? Is it liable to face legal challenges? And most importantly, what will happen to it in the wake of the upcoming presidential election?

Announced by President Joe Biden in June, the new policy will permit many undocumented spouses to apply for “parole in place,” which provides them the chance to remain in the U.S., apply for a green card, and eventually secure a path to citizenship.

To qualify, individuals must have been residing continuously in the U.S. for at least 10 years, not pose a security threat or have a record of disqualifying criminal offenses, and have been married to a U.S. citizen as of June 17, the day before the program’s announcement. The application demands a fee of $580 along with extensive documentation demonstrating their eligibility and humanitarian reasons for the request.

Applications will be submitted to the Department of Homeland Security, and if approved, recipients have three years to apply for permanent residency; they can also obtain work authorization during this time frame.

The administration estimates that around 500,000 people, in addition to 50,000 of their children, could qualify under this new policy.

Historically, people in the U.S. without legal status faced significant hurdles in obtaining a green card after marrying an American citizen. They would often be required to return to their home countries, enduring a lengthy separation with no assurance they could return.

The announcement of Biden’s program has ignited discussions across the nation as couples assess their eligibility. Immigrant rights organizations have stepped up to inform communities about the program while combating misinformation. Some have even launched radio advertisements to spread awareness.

“There’s definitely a lot of interest but also a lot of concerns,” noted Carolina Castaneda, a staff attorney with the Immigrant Legal Resource Center in California. Activists and legal representatives are also evaluating the risks involved in applying, particularly in light of potential Republican lawsuits and the looming possibility of a Trump presidency that could lead to deportations of millions.

Compared to the excitement surrounding the Deferred Action for Childhood Arrivals (DACA) initiative, the response to this new program is more reserved. Karla Aguayo, from the Coalition for Humane Immigrant Rights in Los Angeles, described how fewer couples have reached out for assistance compared to when DACA was announced in 2012.

“People are cautious,” she remarked. “They’re wondering how long this will last.”

The organization has been actively conducting information sessions and offering client consultations to help those who may qualify. Those eligible are eager to start submitting their applications, bringing with them an array of important documents for review.

Nonetheless, many individuals still face hurdles that may disqualify them. One major reason for ineligibility is if they have traveled outside the country, often for significant life events, which can complicate their status.

For María Zambrano, the urgency of the situation is compounded by the uncertainty of the upcoming elections. “We have to react as soon as possible and apply as soon as possible,” she said. After immigrating from Colombia in 2001 and marrying a U.S. citizen after seven years, she faces her own lengthy wait for a consular appointment.

Both Garcia and Zambrano are considering the transformative potential this new opportunity could bring to their lives. They both have upcoming meetings with their immigration attorneys to discuss the next steps.

Garcia, who has worked diligently for years, looks forward to seeing his family in Mexico after years apart, while Zambrano sees the potential for a more stable life that includes travel and possibly voting.

While concerns persist about the program’s future, hope remains for many who have waited so long for a chance at a better life within the United States.

Source: AP