waivers for your votes!

[Robby999 1,024]

Tweak in Rule to Ease a Path to Green Card

By JULIA PRESTON

Published: January 6, 2012

Obama administration officials announced on Friday they are proposing a fix to a Catch-22 in immigration law that could spare hundreds of thousands of American citizens from prolonged separations from illegal immigrant spouses and children.

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  Editorial: A Common-Sense Immigration Move (January 7, 2012)

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Although the regulatory tweak appears small, lawyers said it would mean that many Americans will no longer be separated for months or years from family members pursuing legal residency. Even more citizens could be encouraged to come forward to bring illegal immigrant relatives into the system, they said.

The move was greeted with unusually broad praise from immigration lawyers and immigrant and Latino groups, which have been critical of the high rate of deportations under President Obama. Angelica Salas, executive director of the Coalition for Humane Immigrant Rights in Los Angeles, called it a "welcome rational solution to a simple problem" that will mean "thousands upon thousands of families will remain together."

The fix is one of a number of recent measures by the administration that do not require the approval of Congress, designed to ease the effects on immigrant communities of contradictory or outmoded statutes. White House officials have been seeking ways to shore up sagging support for the president, particularly among Latinos.

In essence, officials at Citizenship and Immigration Services are proposing to change the procedures by which illegal immigrants with American family members apply for legal residency — getting a document known as a green card — allowing a crucial early step to take place in the United States rather than in the immigrant's home country.

Alejandro Mayorkas, the director of the agency, said the purpose was to relieve burdens on citizens while also streamlining a convoluted, costly process.

"We are achieving a system efficiency, saving resources for the taxpayers and reducing the time of separation between a spouse or child and the U.S. citizen relative," Mr. Mayorkas said.

On Friday the agency published a formal notice in The Federal Register that it was preparing a new regulation. But Mr. Mayorkas stressed that step was only the beginning of a long process the agency hopes to complete by issuing a new rule before the end of this year.

The applause from lawyers, Latinos and immigrant organizations was a strikingly different message than the administration has heard for many months.

"This will open up a huge door to bring a large number of people into the light," said Charles Kuck, an immigration lawyer in Atlanta who is a former president of the American Immigration Lawyers Association. Based on their caseloads and census data, lawyers estimate that many hundreds of thousands of Americans are married to illegal immigrants.

The new rule would make no change in the situation of illegal immigrants who do not have immediate American family members. White House officials acknowledge that there will be no progress before the November elections on legislation the president supports to give legal status to millions of illegal immigrants.

Under the law, American citizens are entitled to apply for green cards for immigrant spouses and children, even those who entered the country illegally. But the law requires most to return to their home countries to receive their visas.

The catch is that once the immigrants leave the United States, they are automatically barred from returning for at least three years and often for a decade, even if they are fully eligible to become legal residents.

Citizenship and Immigration Services can provide a waiver from those bars, if the immigrants can show that their absence would cause "extreme hardship" to a United States citizen. But for the past decade, obtaining the waiver was almost as difficult and time-consuming as getting the green card.

Immigrants had to return to their countries to wait while the waiver was approved. Waiting times extended to months, even years. Sometimes waivers were not approved, and immigrants were permanently separated from their American families.

The journey toward green cards for which they were eligible was so risky that many families simply decided to live in hiding and not apply.

Now Citizenship and Immigration Services proposes to allow illegal immigrants to get a provisional waiver in the United States before they leave to pick up their visas. Having the waiver in hand will allow them to depart knowing they almost certainly will be allowed to return, officials said. The agency is also seeking to cut down wait times for immigrants overseas to only a few weeks.

"Finally — an opportunity," said one American citizen in North Carolina who has been married for seven years to an illegal immigrant from Honduras. The woman said she wept Friday when she heard the news of the waiver proposal.

The couple owns a construction business and has four children who are citizens. They tried to apply for his legal documents, she said, but immigration lawyers advised them that if he left for Honduras to pick up a visa, he would be unable to return for 10 years. "If you try to come out of the shadows, your family will suffer," the lawyers told her.

Now they will start his application again, said the woman, who remained reluctant to publish her name until the new rule takes effect.

"We can't survive without each other," she said. "I should have a right as a U.S. citizen to live in my country with my husband."

Republicans criticized the move as an effort by Mr. Obama to circumvent Congress. Lamar Smith, chairman of the House Judiciary Committee, called it "an abuse of administrative powers." Mr. Smith was an author of legislation in 1996 that created the 3- and 10-year bars to return by illegal immigrants.

Nancy Kuznetsov, a leader of American Families United, a group of Americans who are struggling in the immigration system, said many members called her Friday, elated.

"Yay!" said Mrs. Kuznetsov, who was separated for more than four years from her husband, Vitali, who is from Belarus, while waiting for a waiver. "There are so many families this will be a good thing for, I feel good in my heart that this is finally happening."

A version of this article appeared in print on January 7, 2012, on page A1 of the New York edition with the headline: Tweak in Rule To Ease a Path To Green Card.

[Robby999 1,024]

1 Receive Updates

USCIS Office of Public Engagement: I-601 Notice of Intent

U.S. Citizenship and Immigration Services sent this bulletin at 01/06/2012 10:32 AM EST

Dear Stakeholders-

U.S. Citizenship and Immigration Services (USCIS) posted a Notice of Intent in the Federal Register outlining a proposed change to its current process for the filing and adjudication of waivers of inadmissibility relating to unlawful presence.

The proposed process would allow certain individuals seeking permanent residence through their U.S. citizen immediate relatives to apply for waivers of inadmissibility before leaving the U.S. for their interview at a U.S. Embassy or Consulate overseas.

The proposal reflects the Administration's steadfast commitment to maintaining the integrity of immigration law, promoting family unity and improving overall efficiency in the immigration system. This change would decrease the time eligible individuals are separated from their U.S. citizen relatives and would only apply in cases where U.S. citizens would suffer extreme hardship as a result of prolonged separation.

USCIS will host a stakeholder engagement on January 10, 2012 at 2:00 pm (EST) to provide an overview of how these proposed process changes may affect filing and adjudication as well as address questions and concerns from stakeholders. Please see the attached invitation for more information.

Kind Regards,

Office of Public Engagement

U.S. Citizenship and Immigration Services

www.uscis.gov

Please do not reply to this message. See our Contact Us page for phone numbers and e-mail addresses.

STAY CONNECTED: SUBSCRIBER SERVICES:

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[slim 1,525]

Why is that dude still in office? He should've been impeached by now.

[Susita 175]

They still have to go back to their home country, this just shortens the time frame for "eligible persons.". It's not like they weren't doing the same exact process before Obama did this, it just took a longer. If you don't agree with the process, that's a totally different story. The waiver criteria stayed the same as before, you can just apply for it here as opposed to applying from overseas. I think the Obama critics are upset over nothing, and the Obama supporters are happy over nothing.

The only people to benefit from is would be the people approved for waivers, because they get to spend less time away from their family. But then again, they would have been approved anyway. Well probably see more applicants now, which will overload USCIS and well see longer wait times anyway.

[Robby999 1,024]

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USCIS to Propose Changing the Process for Certain Waivers

Introduction

On Jan. 6, 2012, U.S. Citizenship and Immigration Services (USCIS) posted a notice of intent in the Federal Register outlining its plan to reduce the time that U.S. citizens are separated from their spouses and children under certain circumstances while those family members go through the process of becoming legal immigrants to the United States. Currently, spouses and sons and daughters of U.S. citizens who have accrued a certain period of unlawful presence in the United States, and have to leave the country as part of the legal immigration process, are barred from returning to their families for as long as 3 or 10 years. They can receive a waiver to allow them to return to their families by showing that their U.S. citizen family member would face extreme hardship as a result of the separation. This proposal would streamline the processing of these individuals' waiver applications based on unlawful presence; USCIS proposes to process their waiver applications in the United States before any American family faces separation. The process would only apply to immigrants who are eligible for a visa.

Under the proposed process, the spouses and children of U.S. citizens who are eligible for a visa to immigrate legally to the United States, but who need a waiver of inadmissibility for unlawful presence in order to obtain that visa expeditiously, would apply for a provisional waiver before leaving the United States to have their immigrant visa application processed at a U.S. embassy or consulate abroad (as they must pursuant to law). The notice limits the streamlined process to those individuals who are inadmissible based solely on having accrued a period of unlawful presence and – pursuant to statutory requirements – who can demonstrate extreme hardship to their U.S. citizen relative. All individuals affected by this streamlined process would need to meet all legal requirements for admission to the United States, including the requirement that they process their visa application at a U.S. consulate abroad.

With the change outlined in the notice, individuals who currently qualify for a waiver of inadmissibility under the existing eligibility standards, and who can demonstrate that separation from their U.S. citizen spouse or parent would cause extreme hardship to that relative, would be allowed to apply for a waiver while still in the U.S.

By allowing these individuals to apply for waivers in the U.S. and making a provisional determination of waiver eligibility before the individuals must depart the country for visa processing, USCIS would provide a more predictable and transparent process and improved processing times, minimizing the separation of U.S. citizens from their families. The change would also streamline the process for both USCIS and the Department of State (DOS) when handling requests for these waivers. As a result, this change would encourage individuals who may be eligible for a waiver of inadmissibility to seek lawful readmission to the United States by limiting the amount of time they would need to spend away from their U.S. citizen spouse or parent.

Following publication of this notice, USCIS will undertake further analysis and collaborate with the Department of State to develop the streamlined process in greater detail. USCIS plans to publish a notice of proposed rulemaking in the coming months that will provide additional details and allow the opportunity for public comment. A final rule will then be published to implement the streamlined process. The rule will not modify the underlying standard for assessing whether denial of the waiver would result in extreme hardship to the U.S. citizen spouse or parent of such individuals. It would modify only the process by which these applications may be filed and accepted by USCIS for processing.

Questions and Answers

Q. Why is USCIS proposing the change?

A. This proposed change will reduce the time that U.S. citizens are separated from their spouses and children under certain circumstances while those family members are going through the process of obtaining visas to become legal immigrants to the United States. Under current policy, individuals who wish to apply for a waiver of inadmissibility for unlawful presence must leave the U.S. and apply for a waiver at a U.S. consular office outside the United States. This process can be lengthy and discourages individuals who may be eligible for this waiver from applying, which delays their ability to lawfully reenter the U.S. The proposed change would reduce the amount of time that U.S. citizens would be separated from their spouses and children while the process to obtain a visa to immigrate takes place. This reflects the Administration's strong commitment to efficiency in the administration of immigration law and facilitation of legal immigration.

Q. How is the proposed process different from the current process?

A.Currently, U.S. citizens who petition for their spouses and children to become legal immigrants to the United States must petition for a visa, and in some circumstances, if the spouse or child has accrued more than 180 days of unlawful presence in the U.S., that spouse or child must also petition for a waiver of a ground of inadmissibility in order to have his or her visa application processed. The proposed process does not change the requirements for obtaining a visa or the standards for obtaining a waiver. Nor does it change the requirement that the spouse or child of a U.S. citizen ultimately depart the United States to have his or her visa application processed at a consulate abroad. The only change contemplated by this proposal is that the spouse or child would be able to apply for a waiver with USCIS in the U.S. and receive a provisional decision on that waiver before departing the U.S. for consular processing of their immigrant visa applications. Currently, applicants can only file for a waiver after having been determined inadmissible by the U.S. consular officer and must wait abroad for a decision, which significantly adds to the processing time for their case. The proposal limits the extent to which the process forces the lengthy separation of families.

Q. When will this streamlined process be implemented?

A. The process will be implemented only after USCIS issues a final rule. In the coming months, USCIS plans to publish a notice of proposed rulemaking and will consider the comments received as part of that process before publishing a final rule. The current process will remain in place until a final rule goes into effect. No one should file an application with USCIS based on this proposed change in process. Any applications filed with USCIS based on this notice will be rejected and the application package returned to the applicant, including any fees until the final rule is issued and the change becomes effective.

Q. Who would be eligible for a provisional waiver?

A.Spouses and children of a U.S. citizen (1) who are seeking lawful permanent residence through an immigrant visa, (2) who are found inadmissible based on unlawful presence in the United States for more than 180 days, and (3) who meet the existing extreme hardship standard. Children under the age of 18 do not accrue unlawful presence and, as a result, are not required to obtain a waiver.

Q. Why is this proposed streamlined process limited to the spouses and children of U.S. citizens?

A.The policy objective of this proposed process change is to alleviate extreme hardship suffered by U.S. citizens. USCIS has thus identified immediate relatives of U.S. citizens as the class of aliens to consider for this procedural change. In addition, their immigrant visas, which are not subject to annual limitations, are always immediately available. The focus on U.S. citizens and their immediate relatives is consistent with Congress' prioritization in the immigration laws of family unification. This proposal meets the goals of both improving efficiency and reducing the length of time that American families are unnecessarily separated.

Q. How would the proposed process affect existing standards related to unlawful presence and the extreme hardship standard?

A.It would not. The proposed process retains all of the legal standards and policies related to unlawful presence determinations and establishing extreme hardship. It would simply provide for the processing of these waivers in the United States instead of abroad.

Q. Will individuals who recieve the waiver be able to adjust their status without leaving the United States?

A. No. The visa process itself is not changing. Individuals who receive a provisional wavier would still be required to depart the United States to apply for their immigrant visa.

Q. Is everyone who has accrued more than 180 days of unlawful presence subject to a three- or 10-year bar from entering the U.S.?

A.Yes; however, some aliens do not accrue unlawful presence if they fall into certain categories. For example, children under the age of 18 do not accrue unlawful presence for any period of time before their 18th birthday. Similarly, under current law, certain victims of crime and aliens with pending asylum applications do not accrue unlawful presence while their application is pending.

Q. If an individual already filed a Form I-601 from outside the U.S., would the proposed process affect him or her?

A.No. It would only affect individuals who have not yet filed a Form I-601 and who will file a waiver request after a final rule is published.

Q. Would USCIS collect biometrics as part of the streamlined process?

A.Yes. It is contemplated that applicants in the United States would be scheduled for biometrics collection at a USCIS Application Support Center.

Q. Why does USCIS refer to the waiver as "provisional?"

A.In the proposed process, USCIS would grant the provisional waiver before the applicant departs the U.S. for consular processing of their immigrant visa applications. The provisional waiver, however, would not take effect until the individual departs from the United States and triggers the covered ground of inadmissibility. Moreover, the provisional waiver covers only the unlawful presence grounds of inadmissibility. If the consular officer finds during the immigrant visa interview that the individual is subject to another ground of inadmissibility, the individual would need to file another waiver application with USCIS.

Q. What would happen at the consular interview?

A.If DOS found the individual otherwise eligible for the immigrant visa, the consular officer would then issue the visa, allowing the individual to immigrate to the U.S.

Q. What would happen to individuals who are not eligible to file a waiver under the proposed process?

A.They would continue to follow current agency processes for filing waiver requests after a determination of inadmissibility is made by a U.S. consular officer overseas.

Q. What would happen to individuals who are denied waivers under the proposed process?

A.They would be subject to USCIS guidance and law enforcement priorities for issuing Notices to Appear (NTA). For example, convicted criminals, public safety threats, and those suspected of fraud will receive NTAs.

Last updated:01/06/2012

Yep, that ought to really slow the system down even more! So basically all you need to do now is manage to enter illegally, get married and file an I-130 and not worry about that pesky Catch 22 ( 3 & 10 year bans) . For some reason, I believe there will be surge of unmarried people entering the U.S. illegally after this rule takes effect.

[Darnell 8,478]

well, there's 30 days for public comment, online.

Don't forget to make yer voice heard !

[Dakine10 5,452]

Why is that dude still in office? He should've been impeached by now.