New Immigration Law Affects Provisional Waivers in US

February 10, 2012

A new Immigration law passed on January 6, 2012 will allow persons to apply for a provisional waiver HERE in the United States (rather than overseas). If you are in need of an Immigration Attorney in NY, contact Susan B. Henner at (914) 358-5200 or by email at Susan@sbhenner.com

Transcript: Press Conference: USCIS to Propose Changing the Process for Certain Waivers on Unlawful Presence, Jan. 6, 2012
Press Conference

Moderator: Edna Ruano, Chief, Office of Communications
U.S. Citizenship and Immigration Services (USCIS)
Jan. 6, 2012
1 P.M. EDT

Coordinator: Welcome, and thank you for standing by. At this time all participants are in a listen-only mode until the question and answer session. If you would like to ask a question at that time you may press star then one on your touchtone telephone.

Today’s conference is being recorded. If you have any objections you may disconnect at this time. I would like to turn the meeting over to Miss Edna Ruano. Ma’am, please begin.

Edna Ruano: Thank you. Hello, my name is Edna Ruano and I’m the Chief of the Office of Communications at USCIS. Welcome to today’s call with USCIS Director Alejandro Mayorkas.

Before we begin the call, quickly I wanted to set some guidelines for today’s call. Please introduce yourself, your name, what media outlet you represent, and there will only be one question per reporter.

Thanks again for your participation and now I will turn it over to USCIS Director Alejandro Mayorkas.

Alejandro Mayorkas: Thank you, Edna, and thank you, all of you, for joining us today. We have convened this call to provide you with the opportunity to learn more about the Notice of Intent that we posted in the Federal Register this morning regarding a proposed regulatory change in the processing of Waivers of Inadmissibility.
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.

Its purpose is to minimize the extent to which bureaucratic delays separate Americans from their families for long periods of time, specifically in cases where a Waiver of Inadmissibility due to unlawful presence is required as part of the visa process.

The proposed streamlined process will be available 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 would allow 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 proposal would not change existing laws, the requirement that immigrants leave the country to process their visas, or the standards for determining who is eligible for a Waiver of Inadmissibility.

And allow me to emphasize this last point: The law as currently written is designed to avoid extreme hardship to a United States citizen.

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.
We are proposing a process change to better serve the current law’s goal, a change that will reduce the time of separation and thereby alleviate the extreme hardship to the United States citizen.

Read more HERE


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