Miami — When registration opened Monday for an estimated 500,000 spouses of U.S. citizens to obtain legal status without first leaving the country, Karen and Javier Chavarria had little to celebrate.
Like many others, Karen voluntarily left the United States in exchange for living there illegally. In her case, she went to Nicaragua, so that she could be reunited with her husband, Javier, and have enough time to obtain citizenship.
Joe Biden’s proposal to provide a path to citizenship without having to leave the country for up to 10 years is one of the biggest presidential directives to ease immigration since 2012, when he implemented the Deferred Action for Childhood Arrivals program, which allowed temporary but renewable permission to stay for hundreds of thousands of people who came to the U.S. with their parents as children.
To qualify, spouses must have lived continuously in the United States for 10 years as of June 17, 2024, and be married by then. The Biden administration estimates that 500,000 spouses and 50,000 stepchildren of U.S. citizens could benefit.
“Without this process, hundreds of thousands of noncitizen spouses of U.S. citizens would likely remain in the United States without legal status, leaving these families living in fear and uncertainty about their future,” the Department of Homeland Security said in a document detailing the policy Monday. Forcing spouses to leave the country “would be devastating to the economic and emotional well-being of families.”
Spouses who do not meet the prescribed date and other eligibility criteria are faced with an agonizing choice: leave the United States voluntarily for several years and then re-enter or remain in the United States without legal status.
Karen Chavarria returned to Nicaragua in 2017 and reported to the U.S. consulate for an interview as part of her petition to reunite with her husband in the U.S. She applied for legal status in 2002 after crossing the border from Mexico to New York, where she worked as a building maintenance worker and married Javier, 57, of Garfield, New Jersey. They have two children, both of whom are U.S. citizens.
Xavier travels at least twice a year to see Karen, 41, and her 12-year-old son in Jinotega, north of the Nicaraguan capital, Managua. Xavier said he couldn’t live in Nicaragua because of the lack of jobs, the lack of diabetes treatment options and the fear for his safety because his family has been in the political opposition there for years. His 20-year-old daughter lives in the United States.
Karen missed important moments, including her daughter’s high school graduation and birthday. The Biden administration’s offer to spouses who chose to stay in the U.S. filled her with despair.
“We came here after a lot of struggle, without any hope,” she said, sobbing in a video interview from Nicaragua.
It is unclear how many spouses have voluntarily left the country, but Eric Lee, an immigration lawyer with offices in Michigan and California, said it is a “huge” number. Immigrants and advocacy groups have urged the White House to include them in the new policy.
“The only reason so many people are being punished is because they tried to come out of the shadows and follow the law,” Lee said.
The Department of Homeland Security did not respond to questions about whether people who voluntarily left the country would be eligible, saying only that they “may continue to be processed overseas.”
On Monday, the department said 64 percent of potential beneficiaries are from Mexico and 20 percent are from Guatemala, Honduras and El Salvador. They would be eligible to stay in the U.S. for three years under the president’s parole authority by paying a $580 fee. The fee includes a work permit, a green card and, eventually, the ability to apply for citizenship.
Anyone deemed a threat to national security or public safety, or convicted of a felony crime such as drunk driving, is disqualified, as is anyone found to be a gang member.
Juan Enrique Sauceda, 47, is spending time in Piedras Negras, Mexico, after crossing the border from Eagle Pass, Texas. He was deported in 2019 while married to a U.S. citizen and is applying for readmission. His wife and two children live in Houston.
“I grew up in the United States, I have a wife, kids, everything, so I want to go back there,” Saucedo said. “I don’t fit in here.”
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Spagat reported from San Diego. Associated Press writer Rebecca Santana in Rocklin, Calif., contributed.
