Immigrants prepare for new Biden protections with excitement and concern

A new Biden administration program will allow some spouses of U.S. citizens living in the U.S. illegally to gain legal status without leaving the country

Roberto Garcia crossed the border from Mexico in 2009 looking for a better life. For the past eight years, he has been married to an American woman, and they have three kids who are all American 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 still require him to return to Mexico with no guarantee that he would be allowed back into the United States.

The possibility of being separated from his family or — in a worst case scenario — being unable to return home to Los Angeles has been stressful. So has the wait. It has been seven years and Garcia has not yet gotten an appointment at the U.S. Consulate in Ciudad Juarez, just across the border in Mexico.

Now, a Biden administration program launching Monday will allow some spouses of U.S. citizens without legal permission to stay in the U.S. to legalize their status without leaving the country. That is giving Garcia, and others like him, new hope.

“Finally, there is a light that this is possible,” the 37-year-old said. “I imagine I will soon have the important documents that so many people want to have.”

The new program offers a rare opportunity to erase the threat of deportation and one day earn citizenship. But tempering that excitement is concern: Who will benefit from what has been described as the most expansive U.S. protections for immigrants in over a decade? Will the program face legal challenges? And most important, will it survive the presidential election?

Under the policy Democratic President Joe Biden announced in June, many spouses without legal status will be able to apply for something called “parole in place," offering permission to stay in the U.S., apply for a green card and eventually get on a path to citizenship.

To be eligible, they must have been continuously in the U.S. for at least 10 years, not pose a security threat or have a disqualifying criminal history, and have been married to a citizen by 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 humanitarian parole and a long list of supporting documents proving how long they have been in the country.

They apply to the Department of Homeland Security, and if approved, have three years to seek permanent residency. During that period, they can get work authorization.

The administration estimates about 500,000 people could be eligible, plus about 50,000 of their children.

Before this program, it was complicated for people who were in the U.S. illegally to get a green card after marrying an American citizen. They can be required to return to their home country — often for years — and they always face the risk they may not be allowed back in.

News of Biden’s program set off a flurry of activity nationwide as couples checked whether they were eligible. Immigrant groups have reached out to help people understand the program and battle misinformation. Some launched radio ads.

“There’s definitely a lot of interest but also a lot of concerns," said Carolina Castaneda, a staff attorney with the Immigrant Legal Resource Center in California's Central Valley.

Activists and lawyers say they and applicants are weighing whether it is a risk to apply, if the program will survive possible Republican lawsuits and what happens if Republican Donald Trump — who has vowed to deport millions of immigrants — is back in the White House.

There has been far more hesitancy compared with the excitement 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, director of legal services at CHIRLA, the Los Angeles-based Coalition for Humane Immigrant Rights.

When DACA was announced in 2012, she said thousands of people lined up outside the organization’s office. For the new program, it has just been a few couples.

While DACA had a much bigger applicant pool, the immigrant community has seen how these policies get caught up in the courts, Aguayo said.

“People are like, ‘This is 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 appointments with clients. Those likely to qualify can come back Monday to apply.

The eligible couples are excited, she said, “coming with an accordion file of documents that they want reviewed."

But, she said, her group is discovering that a majority of people it sees will not qualify. One of the biggest reasons: Many returned to their home country at some point — often for big life events like a dying family member — and reentry makes them ineligible.

For María Zambrano, the possibility that Trump wins the presidential election and ends the policy adds to the urgency.

“We have 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 U.S. from Colombia in 2001 and has not gone back. She works as a Spanish language tutor and has her own company. Seven years ago, she married a U.S. citizen, and like Garcia, applied for legal status but still has to interview at a U.S. Consulate in Colombia.

She has been waiting for that appointment for more than two years. Now, she has a chance to avoid the risky trip out of the U.S.

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 and where they are, said Charles Kuck, an Atlanta-based immigration attorney.

“Is there a risk associated with this? One hundred percent," Kuck said.

This type of program should have been rolled out a few years ago, not months before an election, Kuck said. He is advising clients to wait to see who wins.

Garcia and Zambrano already are thinking about how this opportunity can change their lives.

Garcia and his 44-year-old wife, María, have an appointment with their immigration attorney the day after the government begins accepting applications on Monday.

María, who had an accident a year ago and cannot work, said: "My biggest fear is that he won’t be able to come back,” if Garcia travels to Ciudad Juarez.

As the family’s sole breadwinner and the one who does things like take the kids to school, Garcia said he cannot take that risk even if he were to finally get an appointment.

As for Zambrano, she will be able to travel home to visit her parents and brothers. She can get a driver's license, health insurance, a house and maybe even vote one day.

Garcia, who said he has paid taxes since 2010 and is studying for his contractor's license, also dreams of what he can do with a green card. On the top of his mind: going to Mexico to see his parents and seven brothers for the first time in 15 years.

“It’s been many years of not seeing them, not talking to them face to face,” Garcia said. “I try not to think about it.”

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Santana reported from Rocklin, California.