FACT SHEET: IMMIGRATION ACCOUNTABILITY EXECUTIVE ACTION
Reducing family separation for those waiting to obtain LPR status. Due to barriers in our system, U.S. citizens and LPRs are often separated for years from their immediate relatives, while they wait to obtain their LPR status. To reduce the time these individuals are separated, DHS will expand an existing program that allows certain individuals to apply for a provisional waiver for certain violations before departing the United States to attend visa interviews.
what do you think it means?
Will it reduce the complete wait time for Husband and Wife of Legal Permanent Resident ?
It will not reduce the wait time, but it will allow the relative of the LPR to apply for and wait for an adjudication on an extreme hardship waiver while in the U.S. They no longer have to leave and wait outside the U.S. while the waiver is being adjudicated. So, that reduces the amount of time that the family members are separated.
This answer is intended to provide general information and should not to be construed as legal advice pertaining to a particular situation or relied upon as such. You should have your specific situation reviewed by an attorney.
I believe the last sentence is referring to the expansion of the existing I-601A inadmissibility waiver to include spouses and children of legal residents. We should know more tomorrow.
"The provisional waiver program DHS announced in January 2013 for undocumented spouses and children of U.S. citizens will be expanded to include the spouses and children of lawful permanent residents, as well as the adult children of U.S. citizens and lawful permanent residents. At the same time, we will further clarify the “extreme hardship” standard that must be met to obtain the waiver." It appears that the I-601A waiver may be extended to spouses of children of permanent resident. The I-601A waiver is filed while the foreign national is still in the US. These waivers can be tricky and one should always hire an attorney to handle them. I love doing these waivers and the require a certain skill set to craft an argument. The benefit is that your foreign national spouse should know if they will be approved or not (based on the specific reason for inadmissibility) BEFORE s/he attempts to leave the country for consular process. It can cut down on the separation by months or even years.
This is not legal advice. This response does not establish an attorney-client relationship.
If the spouse is living here, and needs to consular process to get status - and faces a statutory ban, then it allows you to apply "provisionally" for a waiver while staying here - rather than sitting it out back home. Until today, this was only available if you had a "qualifying relative" who was a citizen.
On November 20, 2014, President Obama announced his long-awaited changes to our broken immigration system. None of the changes will take place immediately, and some hoped-for changes were not included in the new policy.
Nevertheless, for 4-5 million persons, most of them undocumented, there is considerable good news.
1. Deferred Action Relief for Parents (DARP) – No parents of young persons granted DACA will not receive any benefits under the President’s new policy. However, certain parents of US citizens and green card holders will be able to apply for relief and work cards under DARP.
The age of the child is irrelevant. If you are 50+ year and your son/daughter gets a green card through his/her citizen spouse, you may be eligible for DARP. To qualify, you need to have resided in the US since January 1, 2010 and not be in lawful status on November 20, 2014. The background checks will be similar to those for DACA applicants. You can qualify even if you are under removal proceedings or are subject to a Final Order of Removal. Immigration Policy
The work permit and biometrics fee is current $465.
The application period will start in the Spring of 2015.
2. Expansion of the DACA Program – The 31-year-old age cap for the Deferred Action for Childhood Arrivals (DACA) program will be removed. You must have be present in the US on January 1, 2010 (rather than June 15, 2007) to qualify and be under the age of 16 when you entered the US. DACA work permits will now be issued for 3 years at a time instead of 2 years. You must be present in the US on November 20, 2014 and not be in lawful status.
The application period will start within 90 days of November 20, 2014.
3. Employment-Based (EB) Benefits – Most of these promised benefits are in the “Coming Attractions” category since they require regulations. We are informed that the long-awaited regulations for work permits for certain H-4 spouses will soon be finalized.
Also, that certain persons with approved EB petitions who are waiting for their priority dates to become current may eventually be permitted to “pre-register” for adjustment of status which will allow them to obtain EADs and AP, and to change jobs. Regarding OPT, the STEM category will be expanded and the length of STEM-OPT extensions will grow. Also promised are vague benefits for foreign-born entrepreneurs.
Again, don’t look for any of these benefits in your Christmas stocking next month. Perhaps by the end of 2015.
4. Other Benefits – These include items that have been on many immigrants wish lists for years and years:
•I-601A Provisional Waivers – Will be expanded to include spouses and children of LPRs;
•Parole-in-Place – Will be expanded;
•Advance Parole – DHS will apply standards in Matter of Arrabally-Yerrabelly;
•Promises, Promises – DHS will clarify terms of art including “extreme hardship”, “specialized knowledge”, “same or similar” and everything from the PERM process to Immigration Court proceedings will be improved and modernized.
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
The new executive action will allow spouses of permanent residents to apply for I-601A waivers.
I-601a Waivers. The definition of extreme hardship will be expanded and clarified.
The executive order is providing us with a nominal information and truley we are unable to accurately asses these concerns. However, the provision waiver for the LPR spuse, paren and children are a big steps as they do not need to stay outside US and be separated for too long from their family members. GL
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