The Obama Administration has just announced a helpful program pertaining to undocumented immigrants that may be of interest to you.
Beginning March 4, 2013, immediate relatives of U.S. Citizens, who entered the country without documentation and need a waiver of unlawful presence before being eligible for a green card can file for a provisional waiver and remain in the U.S. while the application is pending.
Under the old procedure an applicant would have to leave the U.S. This is now unnecessary. If the waiver is approved, the Applicant will be scheduled for an interview at his home country, at the U.S. Embassy or Consulate to obtain an immigrant visa and to re-enter the U.S. In the past, this procedure might have taken a year. With the new rule, family separation should be no longer than about two weeks, if all goes a planned.
The new process is intended to reduce the amount of time a U.S. Citizen is separated from their qualifying immediate relatives. Under the new rule, an applicant must meet these simple requirements to qualify for the waiver :
- Applicant must be a beneficiary of an approved immediate relative petition by a U.S citizen, ie, I-130
- Applicant must be present in the U.S. at the time they file for the waiver
- Applicant must prove extreme hardship to U.S. Citizen spouse or parent, and
- Applicant’s only ground of inadmissibility is unlawful presence
Before any waiver can be filed, a U.S. Citizen spouse or parent must file an immediate relative petition for the relative, and that application must be approved before continuing with the process. If no immediate relative petition has been filed, please contact us today to get started.
Our office handles 100s of immigration cases each year, nationwide and globally. We do many applications for residency, naturalization, deferred action/Dream Act, bond hearings, and removal defense and other immigration services.
For the next 30 days, we are offering free initial consultations about this waiver. Please call for more information. I look forward to answering your questions about this new program.