OBAMA ADMINISTRATION PROPOSES TO FIX A NOTORIOUS SNAG IN IMMIGRATION LAW -NEW RULE WILL SPARE THOUSANDS OF AMERICAN CITIZENS FROM PROLONGED SEPARATIONS FROM IMMIGRANT SPOUSES AND CHILDREN

The long-awaited change now proposed by immigration officials will benefit U.S. citizens who are married to or have children who are undocumented immigrants.  Thousands will no longer be separated from their loved ones. The change will encourage Americans to come forward to apply to bring their out of status family members into the legal system.

Undocumented immigrants married to or who are children of American citizens are allowed to become legal residents by obtaining permanent resident status. The law requires most of them who are out of status to return to their home countries in order to receive their legal visas. Once they leave United States, they are automatically barred from returning to the U.S. for at least three years and often for a decade, even if they are fully eligible.  They have to obtain some ‘Waiver’ from these tough measures, if the immigrants can show that their absence can cause ‘extreme hardship’ to the United States citizen. This waiver is tough and time consuming, and very unsuccessful in a lot of cases, as a result of which the family is separated for years, until the waiver is finally approved. Several times this waiver is never approved, as a result of which the immigrants are permanently stranded and separated from their American families.

Knowing the hardship to get through this ‘Waiver’ with risks of separation from the loved ones, many undocumented immigrants and their families decide to live hiding and do not apply for any immigrant benefits, even if eligible. The USCIS now proposes to allow the immigrants to obtain a provisional waiver in the United States before leaving the country. This will assure them to depart knowing that they will certainly be able to return back to the United States.  The agency also seeks to streamline the process and cut down on the processing wait times.

The Director  of USCIS – Alejandro Mayorkas stated ‘the goal is to substantially reduce the time U.S. Citizen are separated from the spouse or child that would yield an extreme hardship”.

USCIS will publish a formal notice in the Federal Register that is preparing a new regulation governing these waivers.

This humane change is one example of the measures taken by the Obama Administration, which does not require the approval of Congress. This will ease the burdens on Americans and immigrant families deriving from dysfunctional and outmoded immigration statutes.

In the effort of having more and more undocumented immigrants to apply for legal immigration status, this is a fundamental step in enabling thousands of them who are married to U.S. Citizens who have not taken advantage of the existing waiver. This will change their lives, and unite them to their families.