On January 6, 2012, the USCIS (U.S. Citizenship and immigration Services) announced its intentions to “reduce the time that U.S. citizens are separated from their spouses and children” when certain unauthorized immigrants are in the United States and face the possibility of the 3/10 year bar if they depart the United States. The USCIS made the announce through its inclusion of a notice of intent in the Federal Register.
Although this proposed change is great news for many – it is important to remember it is still not a certainty. Further, it is important to know who, and who won’t, benefit from the change in policy.
Who does this change apply to?
The announcement has the possibility of benefiting individuals who are an immediate relative of U.S. citizens who do not have current immigrant status and who entered the United States without inspection.
What is the Current I-601 Process?
Currently, an individual who qualifies must travel to a consulate outside of the United States before applying for what is called an extreme hardship waiver. Once the applicant submits the waiver, he or she must wait many months waiting for the USCIS to determine whether or not to approve the petition. Once the petition is approved, the individual is allowed to come back into the United States as a permanent resident.
What is the Proposed I-601 Process?
Under the proposed process, the applicant will be able to apply for the extreme hardship waiver without leaving the United States. Instead, once the waiver is provisionally approved, the applicant will be able to leave the U.S., attend the consulate interview, and return to the United States without prolonged separation from U.S. citizen family members.
What is the Extreme Hardship Waiver?
The extreme hardship waiver is so named because the immigration agency is suppose to grant the waiver if it determines that certain U.S. citizen immediate relatives would suffer extreme hardship if the individual is forced to depart the United States.
Will all I-601 Waiver Applications Be Filed Stateside?
No, not all I-601 waivers will be filed stateside. In fact, in many cases the waiver will not be allowed to be filed stateside. This change is only meant to benefit individuals who only need a waiver for their entry into the United States. It does not apply to waivers of criminal acts or misrepresentation.