MIAMI — Roberto Garcia crossed the Mexican border in 2009 in search of a better life. He has been married to an American woman for eight years and they have three children who are all U.S. citizens. The only family member who is not is Garcia.
Seven years ago, he applied to legalize his status through a process that, if approved, would still require 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 scenario, not being able to return home to Los Angeles is stressful. So is the wait. Seven years have passed, and Garcia still hasn’t 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 United States to regularize their status without leaving the country. That gives Garcia and others like him new hope.
“There is finally a glimmer of hope that it is possible,” the 37-year-old said. “I imagine that soon I will have the important documents that so many people wish to have.”
The new program offers a rare opportunity to eliminate the threat of deportation and one day gain citizenship. But that enthusiasm is tempered by concern: Who will benefit from what has been described as the broadest protections for immigrants in the United States in more than a decade? Will the program face legal challenges? And most importantly, will it survive the presidential election?
Under a policy announced in June by Democratic President Joe Biden, many spouses without legal status will be able to apply for what’s known as “parole in place,” which would allow them to stay in the United States, apply for a green card and eventually become citizens.
To be eligible, they must have resided in the United States continuously for at least 10 years, not pose a security threat or have a disqualifying criminal history, and have been married to a citizen before June 17, the day before the program was announced. They must pay a $580 fee to apply and fill out a lengthy application, including an explanation of why they deserve compassionate parole and a long list of supporting documents proving how long they have been in the country.
They file their application with the Department of Homeland Security and, if their application is accepted, they have three years to apply for permanent residency. During this period, they can obtain a work authorization.
The administration estimates that about 500,000 people could be eligible, along with about 50,000 of their children.
Before the program, it was difficult for people who were in the United States illegally to get a green card after marrying a U.S. citizen. They could be forced to return to their home country — often for years — and they always ran the risk of not being allowed to return.
The announcement of Biden’s plan sparked a flurry of activity across the country, with couples looking to see if they were eligible. Immigrant groups reached out to people to help them understand the program and combat misinformation. Some launched radio spots.
“There’s 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 the candidates 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.
The hesitation was far greater than the enthusiasm that greeted the launch of the Deferred Action for Childhood Arrivals program, or DACA, which protected people brought to the country as children from deportation, said Karla Aguayo, legal director of CHIRLA, the Los Angeles-based Coalition for Immigrant Human Rights.
When DACA was announced in 2012, thousands of people lined up outside the organization’s office. Under the new program, that’s down to just a few couples.
Although DACA has a much larger pool of applicants, the immigrant community has seen how these policies get stuck in the courts, Aguayo said.
“People say, ‘This is good, but how long will this last?'” she said.
The agency has posted information about the new program online and has held information sessions and one-on-one appointments with clients. Those who may be eligible can return Monday to apply.
Eligible couples are delighted, she said, “to come in with an accordion folder of documents they want reviewed.”
But, she said, her group finds that the majority of people it meets don’t qualify. One big reason is that many of them have returned to their home countries at some point — often for major life events like the death of a family member — and their return makes them ineligible.
For María Zambrano, the possibility that Trump will win the presidential election and end this policy adds urgency.
“We need to react as quickly as possible and file our application as soon as possible,” said the 56-year-old Bal Harbour, Fla., resident.
She came to the United States from Colombia in 2001 and has never returned. She works as a Spanish teacher and has her own business. Seven years ago, she married a U.S. citizen and, like Garcia, has applied for legal status but has yet to be interviewed at the U.S. consulate in Colombia.
She has been waiting for this appointment for more than two years. Now she has the opportunity to avoid a risky trip outside the United States.
Immigrants who, unlike Garcia and Zambrano, are not already on the government’s radar might be wary of applying, especially if Trump is president. His administration would know who they are and where they are, said Charles Kuck, an immigration attorney based in Atlanta.
“Is there a risk associated with this? One hundred percent,” Kuck said.
This type of program should have been put in place years ago, not months before an election, Kuck said. He advises his clients to wait and see who wins.
Garcia 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, Monday.
Maria, who had an accident a year ago and cannot work, said: “My biggest fear is that he will not be able to come back” if Garcia goes to Ciudad Juarez.
As the sole breadwinner and the one who takes care of things like taking the kids to school, Garcia said he couldn’t take that risk even if he finally got an appointment.
As for Zambrano, she will be able to go home to visit her parents and brothers. She will be able to get a driver’s license, health insurance, a house and maybe even vote one day.
Garcia, who said he has been paying taxes since 2010 and studying to get his contractor’s license, also dreams of what he could do with a green card. His main goal: to go to Mexico to see his parents and seven brothers for the first time in 15 years.
“It’s been years since I’ve seen them, talked to them face to face,” Garcia said. “I try not to think about it.”
Santana reported from Rocklin, California.
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