The lengthy wait for visa approval—over a year in some locations, for people who have over stayed previous U.S visas, will soon become a breeze. U.S. Citizenship and Immigration Services (USCIS) now agree with immigration advocates that the current waiver process actually creates lengthy family separation.
To correct this, USCIS has proposed changes to the process of applying for a waiver of inadmissibility based on unlawful presence of family members in the country. With the publication of a Proposed Rule in the Federal Register on April 2, USCIS now seeks public comment on changes to the current process
Under the current process, a person is barred from re-entry into the U.S. for three years if the individual had accumulated between six and 12 months of unlawful presence in the U.S. Currently those who over stay their visa for a year or more must remain outside the U.S. for a minimum of 10 years.
People who over stay their visas can still get waiver for the bar to re-entry, is if they can show that they are eligible for an immigrant visa and that their U.S. citizen or Legal Permanent Resident spouse or parent will suffer extreme hardship due to the lengthy separation.
Those not eligible to adjust status inside the U.S must depart the U.S. in order to obtain the immigrant visa from a U.S. State Department Consular office in their home country. At that point, the three- or ten-year bar to re-entry is triggered, and the person must apply for the waiver and wait outside the U.S.
Checks by African Metro News show that USCIS is now proposing to process those waiver applications before these individuals with expired visa have left the U.S. Such people can get approval here in the U.S and complete the process of obtaining an immigrant visa from the U.S. Consular office in their home country without the long wait for adjudication of the waiver.
The high cost of maintaining staff outside the U.S. and the inefficient process of shuffling of files back and forth between the Department of State and USCIS are the other reasons USCIS gave in the Federal Register notice, for proposing to change the process.
While the spouses of Legal Permanent Residents are also eligible for this family unity waiver, USCIS is proposing to change the application process only for U.S. citizen relatives. USCIS cites the priority given by Congress to the immigration of the family members of U.S. citizens.
The new process will also be available only to those who would be subject to the unlawful presence bars to re-entry. (USCIS says that 80% of applications for waivers to inadmissibility filed abroad are filed by individuals who are subject to the three- and 10-year bards to re-entry.
There is a 60-day public comment period; and comments should be submitted on or before June 1, 2012. The new process will not go into effect until all comments are considered and a final rule is published in the coming months. For more information click HERE
Meanwhile, the Department of Homeland Security is now tracking deportation of parents of U.S citizen children. The Fiscal Year 2011 appropriations bill that Congress passed in last included was direction to the Department of Homeland Security to begin keeping statistics on the number of parents of U.S. citizen children it is deporting, and whether the children remain in the U.S. after deportation of the parents. On March 26, Immigration and Customs Enforcement (ICE) submitted a report to Congress with some of the statistics Congress requested.
In the period between January 1 and June 30, 2011, ICE reported that it had removed 46,486 persons who claimed to have at least one U.S. citizen child. ICE databases have not yet been revised to track what happens to the U.S. citizen child when the parents are deported
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