In her excellent January 6, 2012 New York Times article “Tweak In Rule To Ease a Path to Green Card”, Julia Preston writes about an Obama administration proposal which could “encourage Americans to come forward to apply to bring illegal immigrant relatives into the system….”
Under the current law, certain undocumented aliens (those who entered the United States illegally not someone who entered legally and overstayed his visa) who has an American Citizen as a parent or spouse cannot obtain a green card unless the undocumented alien returns to his home country.
However, once the undocumented alien leaves the United States he will be automatically barred from returning to the United States for 3 to 10 years unless he obtains a waiver. (Check with an Immigration Attorney to see if you are subject to a 3 or 10 year bar. Attorney consultations are confidential and some Immigration Attorneys will not charge you for a consultation).
These waivers have, in many cases, been time consuming and very difficult to obtain. Many undocumented aliens have been unwilling to take this risk. (If you entered the United States illegally and have married a US citizen or have a US citizen parent do not file any paperwork with USCIS until you speak to an Immigration Attorney.)
However, under this proposal these undocumented aliens would be able to “obtain a provisional waiver in the United States, before they leave for their countries to pick up their visas. Having the waiver in hand will allow them to depart knowing that they will almost certainly be able to return, officials said. The agency is also seeking to sharply streamline the process to cut down the wait times for visas to a few weeks at most Obama administration officials announced on Friday that they will propose a fix to a notorious snag in immigration law that will spare hundreds of thousands of American citizens from prolonged separations from immigrant spouses and children.”
It is important to note that this is a proposal at this stage. “Agency officials, speaking on condition of anonymity on Thursday before the proposal was formally announced, stressed that this was only the beginning of a long regulatory process that they hoped to complete by issuing a new rule before the end of this year. “
Hopefully, by the end of the year this rule will be in effect. In the meantime, if you are here illegally speak to an Immigration Attorney about your Immigration options.
Lawrence Gruner is a Sacramento Immigration Attorney with almost 20 years of experience. His office handles cases throughout California, the United States and the World. You may reach our office at 916-760-7270 or toll free at 888-801-6558 . Attorney Gruner would be happy to review your situation and your options. This post is under Sacramento Immigration Lawyer
The information provided on this site is not legal advice but general information only. Laws do change and additional laws may apply in your case. Every case is different. Please contact our office or the office of another immigration attorney to review your matter prior to filing any documentation with USCIS