new_provisional_waiver_to_help_u.s._families_avoid_long_separation

[jruiz 0]

http://www.migrationexpert.com/visa/us_immigration_news/2013/Jan/0/677/new_provisional_waiver_to_help_u.s._families_avoid_long_separation

[sjr09 155]

Duplicate thread

http://www.visajourney.com/forums/topic/409311-does-anyone-know-about-the-new-family-unity-lawrules/page__view__findpost__p__5922023

[CHarvey80 72]

It says this:

"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 Secretary Napolitano."

But it only applies to people that overstayed their visa illegally while going through the process. It doesn't help anyone who followed the rules....

[JimVaPhuong 4,863]

It says this:

"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 Secretary Napolitano."

But it only applies to people that overstayed their visa illegally while going through the process. It doesn't help anyone who followed the rules....

It applies to anyone who is:

1. Currently in the US.

2. Is not eligible for adjustment of status.

3. Is eligible for a family based visa, but must return to their home country for the visa interview.

4. Will require an I-601 waiver before a visa can be issued.

Prior to the enactment of this rule, people who met the conditions above had to leave the US, usually incurring a ban upon their departure, and then go to the visa interview at the US consulate. Once they were denied at the visa interview then they had to submit their I-601 waiver application and wait for a decision.

This rule allows them to apply for the I-601 waiver before leaving the US. If the waiver is approved then they won't be denied a visa for the violation that was waived by the I-601 waiver. In other words, they're practically assured of getting a visa before leaving the US.

The reason given for adopting this rule is that it will shorten the amount of time the intending immigrant needs to remain outside the US to obtain their waiver. In my opinion, the real reason this rule was adopted was to allow the intending immigrant the opportunity to discover whether their waiver will be approved without actually leaving the US and incurring the ban on returning. If the in-country waiver application is denied then a waiver application filed after the visa interview would likewise be denied. Having this knowledge in advance allows them to choose to remain in the US as an illegal immigrant. Under the previous rule, they'd have to roll the dice when they left the US and hope that their waiver would be approved after the interview. If the waiver was denied then they had effectively self-deported.

I believe this was done to gain political points with Latinos in advance of the 2012 Presidential election. Even so, I don't personally have any objection to this new rule.