How Biden's executive action will work to give some immigrants a pathway to citizenship

WASHINGTON — A new Biden administration policy announced Tuesday will give roughly half a million immigrants who are married to American citizens but lack legal status in the United States a pathway to citizenship for them and their children.

It is one of President Joe Biden’s most sweeping immigration policies and one that immigrant advocates had been heavily lobbying the administration to undertake.

A look at the new policy, who might benefit and how:

How did things work before?

Under U.S. immigration law, if an American marries someone who is not a citizen but is living in the United States, it can be a straightforward process for the spouse to apply for long-term permanent residence — called a green card.

But if the spouse has been living in the United States illegally for a long time, that process gets much more complicated.

They often have to leave and apply from their home country. Depending on how long the person has lived in the U.S. without authorization, they could have to stay abroad for three to 10 years before applying to come back. They can seek a waiver to avoid waiting that long abroad, but getting a waiver also is averaging about three and a half years.

They have to go abroad, apply at a consulate — where waits can be extensive — and be permitted back into the U.S.

“There is the risk of prolonged separation especially if things go wrong,” said Elizabeth Taufa, policy attorney and strategist for the Immigrant Legal Resource Center.

Facing the prospect of leaving their families in America for a lengthy process that might not work, many decide to stay and live in the shadows.

How is Biden changing immigration policy?

Under the new policy, many spouses without legal status can now apply for lawful permanent