Friday, January 6, 2012

Proposed stateside waiver Q&A - USCIS

"USCIS to Propose Changing the Process for Certain Waivers


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.



Perez Malik said...

Although the new revision still requires immigrants to leave the U.S. for a consular interview, the immigrant can seek adjudication of the hardship waiver in the United States prior to exiting the country for the consular interview. If approved, the immigrant can better estimate the time out of the United States with some certainty as to the decision on the hardship waiver. Refer to Perez & Malik, PLLC immigration lawyers for more advice.

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