AT Wilner & O’Reilly, we have come across many heart-warming success stories that give strength to the need for Immigration Reform. Since 2012, there have been some extensive changes in US immigration laws. Many have benefitted, but more needs to be done. Lately, President Obama has toured the country proclaiming that he will exercise executive powers to reform immigration law if Congress does not act.
Changes have already occurred in our immigration system in the last two years. In June 2012, the Obama Administration revealed that it would no longer deport illegal immigrants who had entered the United States as children. The program was dubbed “Deferred Action for Childhood Arrivals” (DACA) which allowed law abiding immigrants who had entered the United States as minors and had completed school in the United States to remain in the United States with a work permit. These individuals no longer needed to worry about deportation. This law has benefited over half a million people.
On March 4, 2013, the new unlawful presence provisional waiver procedure also took effect. Traditionally, immigrants that were unable to adjust status in the United States must leave the United States to consular process their immigrant visas with a waiver for their unlawful presence. However, many immigrants were wary of the risks. If the waiver failed at the US consulate, they would be unable to return to the United States and reunite with their wife and children. The new waiver procedure, known as the I-601A provisional waiver, aimed to relieve such dilemma. It allows for immigrants, physically present in the United States, to file for a provisional waiver in the United States. If the provisional waiver is approved, then the immigrant would proceed with normal consular processing without having to risk denial of the waiver abroad. The provisional waiver will dramatically reduce the risk of leaving the United States to obtain an immigrant visa.
Although Congress is split on immigration reform, we firmly believe that the President will act unilaterally to expand immigration rights. To add on top of DACA, it is speculated that the Administration will expand and offer deferred action to the parents of DACA recipients. Additionally, it seems like deferred action may also be extended to close relatives of US citizens or immigrants with clean criminal records.
These changes could be the difference between devastating family separation and family unity. At Wilner & O’Reilly, we have helped thousands of people and families stay together. Unfortunately, we still see many deserving individuals left without relief who can benefit from reform. Many of these individuals are hard-working and only wish to stay with their families in the United States. Schedule your free consultation today and visit our website at www.wilneroreilly.com
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Richard M. Wilner is a principal in the firm of Wilner & O’Reilly, APLC. He is Board Certified as a Specialist in Immigration and Nationality Law by the State Bar of California’s Bureau of Legal Specialization. He is a former Commissioner for the State Bar’s Immigration and Nationality Law Advisory Commission. Mr. Wilner may be reached directly via email at [email protected] or by telephone at 714-919-8880
