White House eases path to residency for some illegal immigrants - Page 2

This is the actual document released by Home Land Security:
http://www.dhs.gov/news/2013/01/02/s...waiver-process

Secretary Napolitano Announces Final Rule to Support Family Unity During Waiver Process

Release Date:
January 2, 2013.

For Immediate Release
DHS Press Office
Contact: 202-282-8010

WASHINGTON—Secretary of Homeland Security Janet Napolitano today announced the posting of a final rule in the Federal Register that reduces the time U.S. citizens are separated from their immediate relatives (spouse, children and parents), who are in the process of obtaining visas to become lawful permanent residents of the United States under certain circumstances. The final rule establishes a process that allows certain individuals to apply for a provisional unlawful presence waiver before they depart the United States to attend immigrant visa interviews in their countries of origin. The process will be effective on March 4, 2013 and more information about the filing process will be made available in the coming weeks at http://www.uscis.gov/.

“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.

U.S. Citizenship and Immigration Services (USCIS) received more than 4,000 comments in response to the April 2, 2012 proposed rule and considered all of them in preparing the final rule.

“The law 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 time family members are separated from those they rely upon.”

Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States to become lawful permanent residents must leave the U.S. and obtain an immigrant visa abroad. Individuals who have accrued more than six months of unlawful presence while in the United States must obtain a waiver to overcome the unlawful presence inadmissibility bar before they can return to the United States after departing to obtain an immigrant visa. Under the existing waiver process, which remains available to those who do not qualify for the new process, immediate relatives cannot file a waiver application until after they have appeared for an immigrant visa interview abroad and the Department of State has determined that they are inadmissible.

In order to obtain a provisional unlawful presence waiver, the applicant must be an immediate relative of a U.S. citizen, inadmissible only on account of unlawful presence, and demonstrate the denial of the waiver would result in extreme hardship to his or her U.S. citizen spouse or parent. USCIS will publish a new form, Form I-601A, Application for a Provisional Unlawful Presence Waiver, for individuals to use when applying for a provisional unlawful presence waiver under the new process.

Under the new provisional waiver process, immediate relatives must still depart the United States for the consular immigrant visa process; however, they can apply for a provisional waiver before they depart for their immigrant visa interview abroad. Individuals who file the Form I-601A must notify the Department of State’s National Visa Center that they are or will be seeking a provisional waiver from USCIS. The new process will reduce the amount of time U.S. citizen are separated from their qualifying immediate relatives. Details on the process changes are available at http://www.regulations.gov/.

For more information, visit www.uscis.gov.

Isn't this nearly the same thing that was released a while back or did they expand it to cover more people?

Well if they require you to leave,will they let you back in..I wouldn't take this so seriously..who is willing to take the chance to leave US soil and hope everything is proven in your favor..why must you leave to pick up your visa..ijs

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this only applies to EWI's right? not visa overstays, right?

I face extreme hardship having to wait in the US for a visa number to come up. With my US citizen mom applying back in 2001 once you turn 21 the US takes you for shit and could care less about you.

it's the sad truth of the immigration trap a lot of us are in... but for a hardship case, you need to prove hardship your citizen mother is suffering not the hardship you are suffering. it's harsh to even explain it in words...

Extreme hardship is only in regards to the citizen filing for you.
Examples: Your spouse is filing for you, only hardship to him/her is taken into consideration, the hardship to you, or hardship to your child(ren), or any other party involved is not. Hardship to children can be argued to cause hardship to the spouse, but it will not be taken directly into account.

If your mother files for you and you are not a visa overstayer, or you're over 21 when the priority date becomes current you will need the I-601A waiver to be able to adjust status. The problem, good luck showing "extreme hardship" in this situation. Separation from adult child which likely has moved out by the time the petition becomes current isn't particularly easy to prove as "extreme hardship".

If it gets accepted you'll just have to go abroad just to pick up your immigrant visa from an American Consulate/Embassy. Then return to US, get your I-551 stamp, and wait for your green card.

If you are a visa overstayer and you will be under 21 once your priority date becomes current you can adjust just fine with no waivers.

Depends on who you ask, but it probably has the top 3 worst relations with the US. From my point of view, if I go back, I will never ever be able to leave there. Worst case, I'd be thrown in jail and tortured and hanged. Fortunately for me, I am grandfathered into older exclusion rules so more than likely I don't have to leave the country if I were to get married, but it would be nice if this law would have ended all doubt to that.

She has broken down in front of me and started to cry because she did not file my paperwork on time, but again USCIS could care less. Believe me it is hard for her to see me struggle.