Hello, I read in NY TIMES the bill passed the senate, so it means we have the immigration law now?.... and in that case, what happen with people who left the country couple of years ago, being illegal, can we return under this immigration law??? please help, i really want to go back, my non-american (but legal) husband lives there.... and my son and I want to go to be with him.... what are my options, i have a 10 year problem... I read in some comments here that maybe the bill/law could help people like me... waiver? or what?
The billed has passed the Senate, but not the House. If it passes on both houses, it will still need to be signed into law by President Obama. Even after that happens, it will probably take a few months for some of the rules/forms, etc to be developed for people to file. While we do not know what the actual reform law will be like, or if there will be a reform, I do not think there will be any provisions that will override the 10 year bar you state you have since you are presently outside the United States. You should consult with an attorney now to determine if you are eligible for a waiver.
My other colleagues are correct in their responses. The Comprehensive Immigration Reform Bill is not law yet. It must still pass the House, and then the President must sign the Bill into law. In regards to your issue with the ten year problem, their are not enough facts to formulate a proper response. Typically, an alien who is barred from returning to the United States for a period of ten years, has first departed the United States after accumulating one year or more of unlawful presence in the United States prior to departure. See INA Section 212(a)(9)(B) . You should seek the counsel of an experienced immigration attorney to assist you in preparing, submitting, and filing any applications for relief.
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