In a significant move to ease immigration entry, President Joe Biden has opened registration for an estimated 500,000 spouses of U.S. citizens to gain legal status without having to leave the country. However, this development offers a mix of hope and challenges for individuals like Karen and Xavier Chavarria.

Like many others, Karen had voluntarily left the United States, relocating to Nicaragua temporarily to comply with immigration regulations while aiming to reunite with her husband, Xavier, on a path to citizenship. The recent executive order by President Biden marks one of the most significant steps taken to facilitate immigration since the Deferred Action for Childhood Arrivals program in 2012.

To be eligible for the program, spouses must have resided continuously in the United States for ten years as of June 17, 2024, and have been married by that date. The Biden administration estimates that approximately 500,000 spouses and 50,000 stepchildren of U.S. citizens could benefit from this initiative.

The Department of Homeland Security stressed that without this process, hundreds of thousands of noncitizen spouses may remain in the United States without legal status, causing families to live in fear and uncertainty about their futures. The policy document emphasizes that the requirement for spouses to leave the country is disruptive to both their economic and emotional well-being.

However, spouses who fall outside the specified dates and eligibility criteria face a dilemma: either leaving the country voluntarily for a prolonged period to secure reentry, or remaining in the United States without legal status. Karen Chavarria experienced this struggle firsthand when she returned to Nicaragua in 2017 and applied for legal status after marrying Xavier, who resides in New Jersey.

Xavier, who visits Karen and their son in Nicaragua twice a year, faced obstacles in relocating to the country permanently, citing difficulties in finding work, lack of appropriate medical treatment for his diabetes, and concerns for his family's safety due to their political opposition activities. The couple has missed significant moments, such as their daughter's high school graduation and birthdays, due to their immigration situation.

While it remains unclear how many spouses chose to leave the United States voluntarily, immigration attorney Eric Lee describes the number as "massive." Immigrants and advocacy groups have urged the White House to include these individuals in the new policy, but the Department of Homeland Security did not provide clarity on whether those who left voluntarily would qualify.

Not all groups are in favor of the new policy. The Federation for American Immigration Reform considers it overly generous, suggesting that it hampers the legal immigration process. They argue that President Biden is rushing to enroll people before leaving office, potentially complicating any future attempts to overturn the benefits granted.

The Department of Homeland Security revealed that 64% of potential beneficiaries come from Mexico, while 20% are from Guatemala, Honduras, and El Salvador. Those who qualify will have the chance to remain in the United States for three years under parole, paying a fee of $580. This includes the ability to apply for work authorization, a green card, and eventually, citizenship. However, individuals with ties to criminal activities or who are deemed as national security or public safety threats will be disqualified.

For Juan Enrique Sauceda, who currently resides in Mexico while his wife and children live in Houston, the desire to return to the United States weighs heavily. Sauceda was deported in 2019, but he remains hopeful about reuniting with his family, expressing his longing for the life he had built in the United States.

As spouses of U.S. citizens navigate the process and await a resolution, the Biden administration's policy offers a glimmer of hope for their future, but also highlights the complexities and challenges they face along the way.