Waiver Applications from the United States
A new immigration law might be coming! Many will benefit, but not all. Don’t be tricked!
We have all heard the talk and promise of new immigration laws over the past few years. Until now, these new laws have only been just that, talk and promises. Now, finally, there appears to be a new legal option coming that could benefit thousands of non-citizens who are in the United States without lawful status.
This new law will not be an amnesty, however, and many people will not be able to use this new law. It is extremely important that you understand what this new law will do and what it will not do. There will surely be notarios and immigration attorneys who will take advantage of this new law to sell you something that will only result in deportation.
The current problem for many potential immigrants:
Many immigrants in America cannot get their residence (green cards) while in the United States because they have an immigration violation (unlawful entry or visa overstay). We call this a bar- or a ground of inadmissibility. If these immigrants leave the country to reenter through the US Consulate abroad, however, they will be barred for 3 (or 10) years for having been in the United States without lawful presence.
There is a waiver application for this inadmissibility bar, but the immigrant cannot apply until AFTER they leave the United States. Now, it is impossible to know if the waiver will be approved until the immigrant leaves the United States. The wavier application can take many months to process, and, if it is denied, the immigrant will be stuck out of the country for 3 (or 10) years.
What will the proposed change do?
The proposed change will allow for immigrants to apply for the waiver BEFORE they leave the United States. With this new law, the immigrant will not have to wait many months outside of the United States waiting for the decision on the waiver application, and, if the waiver application is denied, the immigrant will not be stuck out of the United States.
Who will this new law help?
The new law will only apply to immigrants who:
1) are seeking lawful permanent residence (green card);
2) who cannot adjust their status within the United States because they have more than 180 days of unlawful presence in the United States;
3) who have a US Citizen spouse or child who will suffer extreme hardship if the immigrant is not allowed to return to the United States.
What will the proposed change in the law NOT do?
This proposed change in the law is very specific and will ONLY help those immigrants who will be inadmissible for a visa at the US Consulate because they have more than 180 days of unlawful presence in the United States.
This new law WILL NOT help an immigrant has other grounds of inadmissibility:
- If you have a criminal ground of inadmissibility, this law WILL NOT help you.
- If you have a prior deportation bar, this law WILL NOT help you.
- If you have multiple unlawful entries, this law WILL NOT help you.
- If you are inadmissible because of document fraud, this law WILL NOT help you.
- If you are inadmissible because misrepresentation this law WILL NOT help you.
- If you are inadmissible because of marriage fraud, this law WILL NOT help you.
- If you do not have a U.S. citizen spouse or child who will suffer extreme hardship without you, this law WILL NOT help you.
When will this law be ready?
This proposed change is not official yet. The USCIS has said that it will not be ready until the end of the year. This means that nobody will be able to apply until the end of 2012, at the earliest. Be very careful not to be tricked- notarios or attorney might try to sell you a case before the law is official.
We are very optimistic about this proposed change in the law. Many immigrants will be able to benefit from the change, but not everyone. Many notarios and attorneys will use this change in the law to take advantage of immigrants who are not eligible. Be careful.
