Miami.- Roberto Garcia crossed the border from Mexico in 2009 in search of a better life. For the past eight years, he has been married to an American woman, and they have three children who are all U.S. citizens. The only one in the family who is not is Garcia.
Seven years ago, he applied to legalize his status through a process that, if approved, would force him to return to Mexico with no guarantee that he would be allowed to return to the United States.
The prospect of being separated from his family or, in the worst case, not being able to return to Los Angeles has been stressful. So has the wait. Seven years have passed and Garcia has still not gotten an appointment at the U.S. Consulate in Ciudad Juarez, just across the border in Mexico.
Now, a Biden administration program launched Monday will allow some spouses of U.S. citizens without legal permission to remain in the U.S. to legalize their status without leaving the country. That’s giving Garcia, and others like him, new hope.
‘There is finally a glimmer of hope that this is possible,’ said the 37-year-old. ‘I imagine that I will soon have the important documents that so many people want to have.’
The new program offers a unique opportunity to remove the threat of deportation and one day gain citizenship. But enthusiasm is tempered by concern: Who will benefit from what has been described as the United States’ most robust protection of immigrants in more than a decade? Will the program face legal challenges? And most importantly, will it survive the presidential election?
Under the policy announced in June by Democratic President Joe Biden, many spouses without legal status will be able to apply for what is called “parole in place,” which offers permission to remain in the United States, apply for a green card and ultimately become citizens.
To qualify, they must have been in the United States for at least 10 years, pose no security threat or disqualifying criminal record, and have been married to a U.S. citizen before June 17, the day before the program is announced. They must pay a $580 application fee and fill out a lengthy application, which includes an explanation of why they deserve 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 that period, they can obtain work authorization.
The administration estimates that about 500,000 people could qualify, plus about 50,000 of their children.
Before this program, it was difficult for people who were in the United States illegally to obtain a green card after marrying an American citizen. They could be required to return to their home country – often for years – and always ran the risk of not being allowed to return.
News of Biden’s program sparked a flurry of activity across the country as couples checked their eligibility. Immigrant groups have stepped up to help people understand the program and combat misinformation. Some have launched radio ads.
“There’s definitely a lot of interest, but also a lot of concerns,” said Carolina Castaneda, an attorney with the Immigrant Legal Resource Center in California’s Central Valley.
Advocates and lawyers say they and applicants are weighing whether it is a risk to apply, whether the program will survive potential Republican lawsuits and what will happen if Republican Donald Trump — who has vowed to deport millions of immigrants — returns to the White House.
There has been far more hesitation compared with the enthusiasm that greeted the launch of the Deferred Action for Childhood Arrivals, or DACA, program, which protected people brought to the country as children from deportation, said Karla Aguayo, director of legal services for CHIRLA, the Coalition for Humane Immigrant Rights, based in Los Angeles.
When DACA was announced in 2012, she said thousands of people lined up outside the organization’s office. For the new program, it has only been a few couples.
While DACA had a much larger pool of applicants, the immigrant community has seen these policies get bogged down in the courts, Aguayo said.
‘People say, ‘This is good, but how long is it going to last?
The organization has posted information about the new program online and has organized information sessions and one-on-one appointments with clients. Those who qualify can return on Monday to apply.
Eligible couples are excited, she said, ‘They come in with an accordion file of documents they want reviewed.’
But her group is finding that most of the people it serves don’t qualify. One of the main reasons: Many returned to their home countries at some point — often for major life events, such as the death of a family member — and reentry makes them ineligible.
For María Zambrano, the possibility that Trump could win the presidential election and end this policy increases the urgency.
“We need to react as soon as possible and apply as soon 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. She works as a Spanish teacher and owns her own business. Seven years ago she married an American citizen and, like Garcia, applied for legal status, but has yet to meet for an interview at a U.S. consulate in Colombia.
She has been waiting for that appointment for more than two years. Now she has the chance to avoid the risky trip outside the United States.
Immigrants who, unlike Garcia and Zambrano, are not already on the government’s radar may fear the risk of applying, especially if Trump is president. His administration would know who they are and where they are, said Charles Kuck, an Atlanta-based immigration lawyer.
‘Is there a risk associated with this? One hundred percent,’ Kuck said.
Such a program should have been in place years ago, not months before an election, Kuck said. He advises his clients to wait and see who wins.
García and Zambrano are already thinking about how this opportunity can change their lives.
Garcia and his wife Maria, 44, have an appointment with their immigration lawyer the day after the government begins accepting applications on Monday.
Maria, who suffered an accident a year ago and is unable to work, said: ‘My biggest fear is that I won’t be able to return,’ if Garcia travels to Ciudad Juarez.
As the sole breadwinner for his family and the one who does things like drive the kids to school, Garcia said he can’t take that risk even if he eventually gets an appointment.
As for Zambrano, she will be able to travel home to visit her parents and siblings. She will be able to get a driver’s license, have health insurance, a house and maybe even vote one day.
Garcia, who said he has paid taxes since 2010 and is studying to get his contractor’s license, also dreams of what he can do with a green card. At the top of his mind: going to Mexico to see his parents and seven siblings for the first time in 15 years.
‘It’s been many years without seeing them, without speaking to them face to face,’ Garcia said. ‘I try not to think about it.’
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