Just a couple of days after my last posting on waivers, USCIS announced its intention to begin processing requests for waivers of unlawful presence in the United States for certain categories of immigrants. Under the new rule, spouses of US citizens and children of US citizens who entered without inspection will be allowed to apply for a waiver of unlawful presence IN THE UNITED STATES, and if they are approved, travel home to simply pick up the visa. This means no more waiting abroad for months while the waiver application is being adjudicated.
This is really good news for so many of you. And when will this new rule take effect? Homeland Security has already begun working on the logistics and has stated its intention to have the new system up and running by the end of the year.
So what exactly is this new rule? And who will it help?
Individuals who entered the US without inspection are barred from getting a Green Card in the US even if they are married to a US citizen or are the child of a US citizen. Such individuals are required to travel home and apply for their visa at the Consul, but as soon as they leave the country they automatically trigger a 3 or 10 year bar against returning to the US, depending upon how long they have been here without status (this bar is known as the unlawful presence bar). Thus, in a time consuming and cumbersome procedure, they are required to first apply for the visa at the Consul, get a denial, and only then can they apply for a waiver of the unlawful presence bar. And this entire process takes anything from 4-10 months, leaving families separated and frustrated. No more.
Once this rule goes into effect, if you entered the country without inspection and then married a US citizen, you will be permitted to apply for the waiver before you leave, wait here while it is adjudicated, and then assuming it is approved, travel home briefly to pick up your visa.
It is important to note that this new rule does not change the standard for the waiver. Applicants will still be required to show extreme hardship to either their US citizen spouse or a US citizen parent in order to qualify. Moreover, the rule will not change anything for spouses of Green Card holders (Note to Green Card holders married to individuals who entered without inspection – now is the time to get your citizenship!!).
So if you entered without inspection and are married to a US citizen, call attorney Karyn Schiller today to set up an appointment. Ms. Schiller is an immigration attorney with an enormous amount of experience and dedication. Karyn Schiller cannot promise you that your waiver will be approved, but she does promise you her full attention, the benefit of her tenacious advocacy as well as an honest assessment of your case.
So call (914) 358-1400 today or email Karyn Schiller. Just Click here to make an appointment