MIAMI (AP) — Roberto Garcia crossed the border from Mexico in 2009 in search of a better life. He has been married to an American woman for eight years and they have three children, all of whom are American citizens. The only one in the family who is not an American citizen is Garcia.
Seven years ago, he applied to legalize his status, a process that, if successful, would still have required him to return to Mexico, with no guarantee that he would be allowed to re-enter the United States.
The possibility of being separated from his family or – in the worst case scenario – not being able to return to Los Angeles is stressful. As is the waiting. Seven years have passed and Garcia still hasn’t been able to get an appointment at the US consulate in Ciudad Juarez, just across the border in Mexico.
A Biden administration program launching Monday will now allow some spouses of undocumented U.S. citizens to legalize their status without leaving the country, giving Garcia and others like him new hope.
“Finally, there is a light that shows that this is possible,” said the 37-year-old. “I can imagine that I will soon have the important documents that so many people want.”
The new program offers a once-in-a-lifetime opportunity to eliminate the threat of deportation and one day gain American citizenship. But the joy is tempered by concerns: Who will benefit from the program, which has been described as the most comprehensive protections for immigrants in the U.S. in over a decade? Will the program be challenged in court? And, most importantly, will it survive the presidential election?
Under the measure announced in June by Democratic President Joe Biden, many undocumented spouses will be able to apply for what is known as “parole in place,” which would allow them to stay in the United States, apply for a green card and eventually become American citizen.
To be eligible, they must have resided in the U.S. continuously for at least 10 years, not pose a security threat or have a disqualifying criminal history, and must have been married to a citizen by June 17, the day before the program was announced. They must pay a $580 fee and fill out a lengthy application that includes an explanation of why they are eligible for humanitarian parole and a long list of supporting documents showing how long they have been in the country.
They apply to the Department of Homeland Security and, if approved, have three years to apply for permanent residency. During this time, they can obtain a work permit.
The government estimates that about 500,000 people and about 50,000 of their children could be eligible.
Before this program, people who were in the United States illegally had a difficult time obtaining a green card after marrying an American citizen. They might have to return to their home country – often for years – and they always had to live with the risk of being denied entry.
News of Biden’s program sparked a flurry of activity across the country as couples needed to check whether they were eligible. Immigrant groups have scrambled to help people understand the program and combat misinformation, with some launching radio ads.
“There is definitely a lot of interest, but also a lot of concern,” said Carolina Castaneda, an attorney with the Immigrant Legal Resource Center in California’s Central Valley.
Activists and lawyers say they and applicants are weighing whether applying poses a risk, whether the program will survive potential Republican lawsuits and what happens if Republican Donald Trump – who has vowed to deport millions of immigrants – returns to the White House.
Compared to the enthusiasm that accompanied the introduction of the Deferred Action for Childhood Arrivals (DACA) program, there is much greater reluctance, says Karla Aguayo, legal director of CHIRLA, the Los Angeles-based Coalition for Humane Immigrant Rights. The program protects people brought to the country as children from deportation.
When DACA was announced in 2012, she said, thousands of people lined up outside the organization’s offices. With the new program, there were only a few couples.
While DACA had a much larger pool of applicants, the immigrant community has seen these measures blocked in court, Aguayo said.
“People say, ‘That’s nice, but how long will it last?'” she said.
The organization has posted information about the new program online and held information sessions and one-on-one meetings with clients. Those who are expected to be eligible can come back on Monday to apply.
The couples who are eligible are excited, she said, “because they come with a whole file full of documents that they want to have reviewed.”
But her group finds that the majority of people she visits do not meet the requirements, she said. One of the main reasons is that many have returned to their home country at some point – often due to dramatic events such as the death of a family member – and re-entering the country means they are no longer eligible.
For María Zambrano, the possibility that Trump will win the presidential election and end this policy is an even more pressing matter.
“We need to respond as quickly as possible and file an application as quickly as possible,” said the 56-year-old resident of Bal Harbour, Florida.
She came to the United States from Colombia in 2001 and has not returned since. She works as a Spanish teacher and owns her own business. Seven years ago, she married a U.S. citizen and, like Garcia, applied for legal residency, but has yet to complete an interview at a U.S. consulate in Colombia.
She has waited more than two years for this appointment. Now she has the chance to avoid the risky decision to leave the USA.
Immigrants who, unlike Garcia and Zambrano, are not yet on the government’s radar may be wary of taking the risk of applying, especially if Trump becomes president. His government would know who and where they are, said Charles Kuck, an Atlanta-based immigration attorney.
“Is there a risk involved? One hundred percent,” said Kuck.
Such a program should have been introduced a few years ago, not months before an election, said Kuck. He advises his clients to wait and see who wins.
Garcia and Zambrano are already thinking about how this opportunity could change their lives.
Garcia and his 44-year-old wife, María, have an appointment with their immigration lawyer the day after the government begins accepting applications on Monday.
María, who had an accident a year ago and is unable to work, said: “My biggest fear is that he won’t be able to come back” if Garcia travels to Ciudad Juarez.
As the sole breadwinner in the family, who, for example, takes the children to school, he cannot take that risk even if he finally gets an appointment, Garcia said.
Zambrano, on the other hand, can travel home and visit her parents and brothers. She can get a driver’s license, get health insurance, buy a house and maybe even vote one day.
Garcia, who has been paying taxes and studying for his contractor’s license since 2010, also dreams of what he can do with a green card. His biggest wish: to go to Mexico to see his parents and seven brothers for the first time in 15 years.
“I haven’t seen them or spoken to them in person for many years,” Garcia said. “I try not to think about it.”
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Santana reported from Rocklin, California.
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