The US is launching a citizenship program for spouses of immigrants, but some are being left out

MIAMI (AP) – When registration opened Monday to allow spouses of an estimated 500,000 U.S. citizens to obtain legal status without having to leave the country first, Karen and Xavier Chavarria had nothing to celebrate.

Like many others, Karen left the United States voluntarily—in her case, to Nicaragua—as the price for living in the country illegally. She planned to accumulate enough time away to be able to return to the country and meet her husband Xavier on the road to citizenship.

Joe Biden’s offer of a path to citizenship without first having to leave the country for up to 10 years is one of the biggest executive orders by a president to ease the entry of immigrants since 2012, when Deferred Action for Childhood Arrivals allowed hundreds of temporary but renewable stays. of the thousands of people who came to the United States as young children with their parents.

To be eligible, spouses must have lived in the United States continuously for 10 years beginning on June 17, 2024, and must have been married by then. The Biden administration estimates that 500,000 spouses and 50,000 stepchildren of US citizens could benefit.

“Without this process, hundreds of thousands of non-U.S. citizen spouses will likely remain in the United States without legal status instead, leaving these families to live in fear and uncertainty about their future,” the Department of Homeland Security said Monday. a document dealing with the policy. Forcing spouses to leave the country “harms the financial and emotional well-being of the family.”

Spouses who fall outside the specified dates and other eligibility requirements face a painful choice: leave the country voluntarily for years to gain the right to return to the United States or remain there without legal status.

Karen Chavarria returned to Nicaragua in 2017 and reported to the US consulate for an interview as part of her petition to reunite her husband with the United States. She crossed the border from Mexico in 2002 and applied for legal status after marrying Xavier, 57, who works in building maintenance in New York and lives in Garfield, New Jersey. They have two children, both US citizens.

Xavier travels at least twice a year to see Karen, 41, and their 12-year-old son, who live in Jinotega, north of Nicaragua’s capital, Managua. Xavier said he can’t live in Nicaragua because he can’t find a job there, he doesn’t have access to treatment for his diabetes and he fears for his safety because his family has been in the political opposition there for years. Their 20-year-old daughter lives in the United States

Karen has missed big moments like her daughter’s high school graduation and birthdays. The Biden administration’s offer to spouses who chose to stay in the United States filled her with despair.

“It’s something we’ve fought for and after so much struggle to get here without giving ourselves any hope,” she said, crying in a video interview from Nicaragua.

It is unclear how many of the spouses left the United States voluntarily. But Eric Lee, an immigration attorney with offices in Michigan and California, said that’s a “massive” number. Immigrants and advocacy groups have urged the White House to include them in the new policy.

“The only reason so many are being punished is because they were trying to step out of the shadows, they were trying to follow the law,” Lee said.

Homeland Security did not respond to questions about whether those who voluntarily left the country qualify, saying only that they “may be eligible for further processing abroad.”

The department announced Monday that 64 percent of potential beneficiaries are from Mexico, and 20 percent are from Guatemala, Honduras and El Salvador. They have the right to remain in the United States for three years on presidential parole for a fee of $580, which includes the opportunity to apply for a work permit, green card and eventually citizenship.

Individuals who pose a threat to national security or public safety and those convicted of serious crimes, including drunk driving offenses, are barred, as are those found to be gang members.

Juan Enrique Sauceda 47, is bidding time in Piedras Negras, Mexico, across the border from Eagle Pass, Texas. She was deported in 2019 while married to a US citizen and applied for return. His wife and two children live in Houston.

“I want to go back to the United States because I grew up there, I have my wife, my kids, everything,” Saucedo said. “I don’t fit in here.”

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Spagat reports from San Diego. Associated Press writer Rebecca Santana in Rocklin, Calif., contributed.