At the Wilner & O’Reilly Sacramento office, I 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.
Changes have already occurred in our immigration system in the last two years. In August 2011, the Department of Homeland Security announced that it would focus its efforts in deporting dangerous criminals. As a result, many immigrants in deportation proceedings have been given favorable “prosecutorial discretion” to administratively close their cases. This has effectively halted deportation proceedings for many individuals so that they may work legally in the United States while waiting for immigration reform.
In June 2012, the Obama Administration further 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 “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. Any immigration reform will almost certainly include a path to citizenship for the immigrants who entered the United States as minors.
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.
In July 2013, USCIS also announced that due to the Supreme Court’s ruling on the Defense of Marriage Act, it will start recognizing immigration benefits for same-sex couples that are legally married. USCIS has started accepting and approved spousal petitions, fiancée petitions and other immigration benefits traditionally afforded to married couples between a man and a woman. All these changes have positively impacted our clients giving them hope that immigration reform is near.
In the last six months since the establishment of our Sacramento office, I’ve had clients obtain relief through obtaining prosecutorial discretion to avoid deportation, deferred action and obtained employment authorization and a grant of the provisional waiver to allow consular processing of the immigrant visa. We have also assisted multiple same-sex couples adjust status to permanent residents. Each client has their own unique circumstances and benefited from immigration changes. These clients were overjoyed when they finally were able to come out of the shadows and put their immigration problems behind them. These procedural changes within the current immigration laws have benefitted many undocumented people. However, we’ve only scratched the surface. Any fundamental changes in our immigration law will surely have massive positive impact for undocumented immigrants across the United States.
In late June, the US Senate passed a comprehensive bill which included enhanced border security, expanded visas and included a provision allowing for a pathway to citizenship for undocumented immigrants who meet a strict set of criteria. Although, the issue of immigration has been overshadowed by current events and problem in Syria, this issue must be addressed sooner than later.
As the managing attorney of the Sacramento office, I can tell you that many people are hurting and in need of immigration reform. Many of these individuals are hard-working and only wish to positively contribute to society. Wilner & O’Reilly has three offices located in California in Orange, Riverside and Sacramento and an office in Salt Lake City, Utah. Each of our offices has helped countless people through their immigration journey. At Wilner & O’Reilly, APLC, we have former immigration officers, Board Certified Specialists and proven lawyers to assist you on your path to legalization. Call us to schedule a free consultation today.
(AP)
