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Green Card Through Family

Big News in 2013 for Illegal Immigrants, Immigration Waivers and Pardons Approved

The USCIS has released the regulations that will promote family unity during the waiver process! The applications will be accepted this upcoming March. It is a huge step-forward for the spouses of United States citizens who want to regularize and have been unable to do so previously. Some parents and minor children under 21 of US citizens will also be eligible.

These long awaited rules will make the process to obtaining permanent residence quicker and less risky for those foreign nationals that entered the United States illegally. This final rule facilitates the legal immigration process and reduces the amount of time that U.S. citizens are separated from their immediate relatives who are in the process of obtaining an immigrant visa, said USCIS Secretary Janet Napolitano.

The system in place is too risky and as a result few have taken moved forward. The new law to allow waivers processed in the Untied States is designed to avoid extreme hardship to U.S. citizens, which is precisely what this rule achieves,USCIS Director Mayorkas said. The change will have a significant impact on American families by greatly reducing the separation time of family caused by overseas processing of residence as well as reduce the risk of not knowing whether a waiver will be granted before departure.

Adjustment of status in the United States is not permitted for many foreign nationals who entered the US illegally. Those aliens would have to leave and return to their home country for Consular Processing to obtain permanent residence. However, the departure would often trigger a ten-year bar from returning. A waiver must be filed and approved to overcome this ground of inadmissibility. Prior to the new regulations, the foreign national would need to leave the Untied States and only following a Consular interview would be able to file a waiver. The waiver took a long time for adjudication ” sometimes years” and there was no guarantee of approval. This risk was so great that few left the United States to obtain permanent residence.

These new regulations are aimed to help the spouses and parents of US citizens obtain residence without a great separation and without the unsure status that arises form having to file a waiver overseas. Although the foreign national must still travel overseas, when the waiver is applied for in the US prior to departure, the risk of traveling is lessoned and the foreign national’s time abroad is significantly reduced.

Waivers are based on the extreme hardship to the United States citizen spouse or parent. Each wavier must demonstrate that under the individual circumstances the waiver is warranted. It is important to obtain counsel to assure that the waiver is properly submitted. In addition, not all immediate relatives will qualify for this benefit. It is critical to know if you are qualified prior to departing the Untied States. For that reason it is very important to hire competent counsel to assist with the procedure.

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