For many undocumented foreign national who entered the United States illegally, there has been no location to obtain residence because the law would not allow adjustment of status in the United States and if they went abroad are subject to a ten year bar from returning.
Finally relief for many such individuals! A new proposal would allow for the processing of a waiver necessary for a green card to take place in the United States. This would provide a manner to obtain a green card for spouses and children of U.S. citizens who entered the United States illegally. Although requiring travel abroad, it would create a streamlined process where the waiver is decided before the undocumented individual even leaves the United States. Consequently, it would allow for a green card for someone who entered illegally without the uncertainty and time separated from loved ones under the current system.
Under the current law, a departure from the United States following an illegal presence of greater than one year triggers inadmissibility preventing return to the United States for ten years. This can only be overcome with a waiver. Up to now, waivers had to be considered in the Consular office of the undocumented alien’s country. The fear always has been that their waivers could be denied or else delayed for months or even years. Foreigners were worried to process their permanent residence at a US Consulate because it was unclear if a waiver would be granted and waivers took months and even years to process.
American citizens can apply for their immediate relatives, spouses, children and parents. The problem is that for those foreigners that entered illegally, they must travel home. The departure triggers a ten year bar which requires a waiver. That waiver had to be presented to the US Consulate. Having a waiver approved, allows the foreign national to depart, knowing that they will be allowed to return in a short time.
This change will likely enable countless undocumented family members to emerge from the shadows and regularize – thus obtaining a green card!
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