Current Proposed Change: On January 6, 2012, U.S. Citizenship and Immigration Services (USCIS) proposed an intent to change its current process for the filing and adjudication of certain applications for waivers of inadmissibility (Form I-601) filed on behalf of immediate relative visa petitions. This proposed regulatory change will significantly reduce the time that U.S. citizens are separated from their spouses and children under certain circumstances while those family members are going through the process of obtaining visas to become legal immigrants to the United States.
Purpose of New Change:
The purpose of the new process is to reduce the time that U.S. families remain separated while their relative proceeds through the immigrant visa process, specifically in cases where a Waiver of Inadmissibility due to unlawful presence is required as part of the visa process. USCIS also believes that efficiencies can be gained through this revised process for both the U.S. Government and most applicants. The purpose of this is to notify all Immigration Lawyer Fremont, Bay Area San Francisco and through out the United States.
Who Does the Proposed Change Benefit:
The proposed process will be available only to spouses and sons and daughters of U.S. citizens who have accrued a certain period of unlawful presence in the United States as the waiver statute requires and can demonstrate that separation would cause an extreme hardship to their U.S. citizen spouse or parent. The process allows these individuals to have their waiver applications processed in the United States and receive a provisional waiver determination before they complete the visa process at a consulate outside the United States. This applies to all Immigration Lawyer Fremont, Bay Area San Francisco and through out the United States
Current Law: Existing law provides that to achieve this goal, a U.S. citizen’s spouse or child who is here unlawfully can obtain a waiver and become a legal resident if their separation would cause extreme hardship to a United States citizen. Under the current law, once the familial relationship between the spouse or son or daughter and a U.S. citizen has been established by USCIS and USCIS has adjudicated that familial relationship, an individual who is unlawfully present in the United States must leave the United States and, after having departed, apply for a Waiver of Inadmissibility (Form I-601).
The Waiver of Inadmissibility is adjudicated by USCIS in in an average of six months, but often the processing time is longer. If USCIS grants the waiver, then the individual is able to have a visa issued and enter the United States. The next step for the individual is to leave the United States, have a consular interview outside the country, and the Department of State determines the different grounds of inadmissibility, and the individual then seeks a waiver of those grounds from USCIS. And if USCIS grants the waiver, the individual’s case returns to the Department of State for the issuance of the visa.
What happens under current process is that the case moves back and forth between USCIS, and the Department of State, and the individual, who has been granted a Waiver of Inadmissibility because the separation between him or her and the United States citizen relative would serve an extreme hardship on the United States citizen, will have been separated from that United States citizen for at least six months and most often more.
Effect of Proposed New Changes: The proposal as intended now is that the spouse or son or daughter of the United States citizen can apply for a waiver before departing the United States if the only ground of inadmissibility is unlawful presence. If USCIS determines that the ground of inadmissibility is unlawful presence and the separation between that individual and a United States citizen would serve an extreme hardship on the United States citizen relative, then USCIS will grant a provisional waiver.
The relative of the U.S. citizen will then have to depart the United States for their visa interview. The Department of State must confirm that the only ground of inadmissibility is unlawful presence, and if indeed that is confirmed and there is no other deterrence to admission, such as the commission of fraud, then the provisional waiver will be finalized and the individual will be admitted to the United States. The period of separation is significantly reduced because the time that it takes USCIS to adjudicate the waiver would be accomplished before the individual has departed the United States.
Be cautious that USCIS is not changing the current standards for determining who is eligible for a Waiver of Inadmissibility (Form I-601). As of date of this post, the standard of adjudicating a waiver remains extreme hardship to a United States citizen. The individual must still leave the United States to process their visas. The only ground of inadmissibility as to which this proposed process change applies is the ground of unlawful presence.
So if you are an Immigration Lawyer Fremont, San Francisco Bay Area and all U.S. Attorney, we hope you have enjoyed this information.
For full text of the USCIS’ proposed intent to change process for filing and adjudicating (Form I-601) applications for waivers of inadmissibility, click on link below to read the
Federal Register notice.
http://www.gpo.gov/fdsys/pkg/FR-2012-01-09/html/2012-140.htm
Article:
Article Source: Nasiri Law Firm
Author: Spojmie Nasiri