US offers citizenship pathway to 550,000 migrant spouses, stepchildren

The Joe Biden administration has announced a new initiative that offers a pathway to legal status for an estimated 500,000 spouses of US citizens without requiring them to leave the country. This move, unveiled on Monday, is seen as one of the biggest steps taken by President Joe Biden to address the issue of illegal immigration. With this, up to 500,000 noncitizen spouses and 50,000 noncitizen stepchildren of US citizens may meet the eligibility criteria. If granted parole, these individuals could apply for lawful permanent residence without leaving the country, potentially bringing an end to years of uncertainty and fear for many families.

'Keep families together'

The programme, named "Keeping Families Together," aims to remove the barriers that have long plagued noncitizen spouses of US citizens. “Too often, noncitizen spouses of US citizens – many of them mothers and fathers – live with uncertainty due to undue barriers in our immigration system. This process to keep US families together will remove these undue barriers for those who would otherwise qualify to live and work lawfully in the US,” said Ur Jaddou, Director of US Citizenship and Immigration Services (USCIS).

This initiative is not just about granting legal status; it's also about improving the efficiency of the immigration system, according to Jaddou. The focus will be on noncitizens who have deep-rooted connections within American communities, ensuring that the system benefits those who contribute positively to society.

For Biden, it represents one of the most significant orders since the 2012 Deferred Action for Childhood Arrivals (DACA) programme, which allowed temporary stays for hundreds of thousands of individuals who arrived in the United States as children.

Under the "Keeping Families Together" programme, which was announced in June, spouses who have lived in the US for at least 10 years as of June 17, 2024, are eligible to apply. This programme also extends eligibility to approximately 50,000 children under the age of 21 who have a US-citizen parent.

Impact on families

The Department of Homeland Security (DHS), in a document detailing the policy, said, “Without this process, hundreds of thousands of noncitizen spouses of US citizens are likely to instead remain in the United States without lawful status, causing these families to live in fear and with uncertainty about their futures.” The department also noted that forcing spouses to leave the country would be "disruptive to the family's economic and emotional wellbeing."

The "Keeping Families Together" programme allows eligible spouses to apply for permanent residence without having to leave the United States. Once granted permanent residence, these spouses can apply for citizenship after three years.

However, here's the catch: To qualify, spouses must have lived in the United States continuously for 10 years as of June 17, 2024, and must have been married by that date. This means that those who fall outside these criteria are faced with a tough choice: either leave the country voluntarily for years in hopes of reentering legally or remain in the US without legal status.

The case of Karen Chavarria, as reported by the Associated Press (AP), points to the challenges faced by many. Chavarria left the US voluntarily for Nicaragua in 2017 after living in the country illegally since 2002. She had hoped to accumulate enough time away to be able to reenter and reunite with her husband, Xavier, a US citizen. The new programme, however, offers a different path for those who have stayed in the US, filling many like Chavarria with despair.

Controversy over the new policy

The new policy has sparked reactions from various quarters. Immigration attorney Eric Lee described the number of spouses who left the US voluntarily as “massive” and drew attention the frustration of those who tried to follow the law but are now left out of the new policy. “The only reason why so many are being punished is because they tried to step out of the shadow, they tried to follow the law,” Lee told AP.

On the other hand, groups favouring immigration restrictions view the policy as overly generous. The Federation for American Immigration Reform (FAIR) criticised the initiative, calling it a “disservice to those waiting to legally immigrate.” In a tweet on Monday, FAIR accused the Biden administration of rushing to enrol people before leaving office, making it difficult for future administrations to reverse these benefits.

"The Biden-Harris parole-in-place programme is not only illegal because it grants parole en masse to illegal aliens already in the US, it undermines existing laws for family-based immigration. It is unfair to legal immigrants, rewarding illegal behaviour and encouraging more of it. It does nothing to secure the border or stop the chaos and humanitarian disaster," FAIR said.

Steps to apply

For those eligible under this programme, the application process begins on August 19, 2024. Individuals must file Form I-131F (available on the USCIS portal), the Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of US Citizens. The form must be filed online after creating a myUSCIS account, with a filing fee of $580. Notably, fee waiver requests for this form will not be accepted.

To be eligible, noncitizen spouses of US citizens must meet the following criteria:

* Be present in the United States without admission or parole;

* Have been continuously physically present in the United States since at least June 17, 2014;

* Have a legally valid marriage to a US citizen on or before June 17, 2024;

* Have no disqualifying criminal history;

* Submit biometrics and undergo required background checks.

Additionally, noncitizen stepchildren of US citizens must:

* Have been under the age of 21 and unmarried on June 17, 2024;

* Be present in the United States without admission or parole;

* Have a noncitizen parent who entered into a legally valid marriage with a US citizen on or before June 17, 2024;

* Have no disqualifying criminal history;

* Submit biometrics and undergo background checks.

USCIS said that it will be using rigorous procedures to detect and prevent fraud, ensuring that only those who genuinely qualify can benefit from this process.