WASHINGTON – A The new policy of the Biden administration announced on Tuesday It will give about half a million immigrants married to American citizens but there is no legal status for them and their children in the United States for citizenship.
It is one of President Joe Biden’s most sweeping immigration policies, and immigrant advocates have lobbied the administration hard.
Here’s a look at the new policy, who can benefit and how:
How did things work before?
Under US immigration laws, if an American marries a non-citizen but lives in the US, it can be a simple process for citizens. spouse’s application for long-term permanent residence – called a green card.
However, if the spouse has been living in the United States illegally for a long time, this process becomes more complicated.
They often have to leave their countries and apply. Depending on how long a person has lived in the United States without authorization, they may have to stay abroad for 3 to 10 years before applying to return. They can request a waiver to avoid waiting that long abroad, but obtaining a waiver also takes an average of three and a half years.
They must go abroad, apply to a consulate — where waits can be long — and be allowed to return to the United States.
“There is a risk of prolonged separation, especially if things go wrong,” said Elizabeth Taufa, a policy attorney and strategist at the Immigrant Legal Resource Center.
Faced with the prospect of leaving their families in America for a long and fruitless process, many decide to stay and live in the shadows.
How does Biden change immigration policy?
Under the new policy, many spouses without legal status can now apply for lawful permanent residence and eventually obtain a path to citizenship without leaving the United States. But this is no ordinary confirmation.
To be eligible, people must have lived in the United States for at least 10 years, not pose a security threat, and be married by June 17, 2024. department separately wrote on the descriptive fact sheet new policy. Immigrant spouses cannot have been previously admitted or paroled.
Applicants will be screened for more, including prior immigration history, criminal history and potential fraud, Biden’s announcement said.
After Homeland Security approves the application, The White House said A person would then have three years to apply for permanent residence and could obtain a work permit for up to three years.
According to the immigration advocacy organization FWD.us, approximately 1.1 million undocumented immigrants are married to American citizens in the United States. The administration estimates that eventually about half that number — about 500,000 — could qualify for the program, plus about 50,000 children.
On average, spouses have lived in the United States for a little more than two decades, according to the White House. A senior administration official told reporters during a brief call that they expect the majority of people benefiting from the program to be from Mexico.
How does this fit in with Biden’s other immigration policies?
Over the past year and a half, the Biden administration has pursued a two-pronged strategy on immigration and border security.
On the one hand, Biden has made it harder to qualify for asylum at the southern border and stepped up removals of those ineligible to remain. Immigration advocates blasted Biden’s decision this month cut off processing for shelter After reaching the southern border, he hit a certain number per day.
On the other hand, the administration has taken a number of steps to welcome people into the country.
In the biggest example, the administration last year created a program that allows people from Cuba, Haiti, Nicaragua and Venezuela to come to the United States, pass a background check and fly into a US airport if they have a financial sponsor. As of the end of April, 434,800 people from those four countries have come through the program.
Many rights activists have pushed the administration to do more for immigrants who have been in the U.S. illegally for decades.
What changes in the program for “dreamers”?
Separate from the policy for migrant spouses, the administration also announced changes designed to help those in the Deferred Action for Childhood Arrivals program more easily qualify for long-established work visas.
In 2012, the Obama administration offered child deportation protection and temporary work permits to people brought to the United States illegally by their parents. Often referred to as “Dreamers”, many of them are now parents.
Dan Berger, an immigration fellow at Cornell Law School, said many companies that employ DACA recipients can apply for work visas that provide them with a more stable and permanent path to residency. Path2 Papersan organization that helps dreamers obtain work visas and other pathways to legal permanent residency.
But to get a work visa, a DACA recipient must travel abroad, apply, and receive a waiver to re-enter the United States.
“It’s really helpful to have clear guidance and a clear expectation,” he said.
What’s next?
The Department of Homeland Security should develop guidance on how the spouse program will work. President Joe Biden said at a ceremony on Tuesday that the program will take effect by the end of the summer.
All applications will be processed by the US Citizenship and Immigration Services, an agency of the Department of Homeland Security. That agency has historically struggled funding as it seeks to reduce backlogs and waiting times.
Republicans and immigration opponents have fiercely criticized the proposal, and opponents are almost certain to file a lawsuit to stop it.