THE current influx of media attention on immigration issues is very exciting. One cannot help but be hopeful and optimistic that some type of immigration reform is on the horizon. For example, President Obama unveiled his proposed legislation last week, which would lead to the substantial overhauling of the immigration system. The proposed legislation has three major components: improving and investing border security and infrastructure, focusing on employer verification and protection of American workers, and most importantly, creation of a Lawful Prospective Immigrant Status.
According to President Obama’s plan, the Lawful Prospective Immigrant Status will provide many undocumented immigrants with a pathway to green cards and citizenship. However, the prospective immigrants will be required to go to the back of the line and wait for 8 years or until the current immigrant visa backlog is eliminated before they obtain any permanent benefits themselves. Prospective immigrants will also be required to pay taxes, undergo background checks, acquire knowledge of basic English language and US history, and pay fines.
But it is important to remember that President Obama’s proposed legislation is exactly that – proposed. No new comprehensive immigration reform has been yet enacted. Simply put, there is no way of knowing when and if any sweeping immigration laws will pass. However, the attention on President Obama’s immigration proposed laws and the current imperfect immigration system is high. This attention is prompting both Democrats and Republicans to face the immigration reality and engage in a meaningful debate, which hopefully will lead to positive and comprehensive changes for many undocumented aliens currently living in the United States.
For the time being, the only regulation becoming effective in the very near future is the one pertaining to provisional unlawful presence waivers. This regulation sets out a new process which will enable some individuals who are spouses, parents, or children of US citizens to apply for an unlawful presence waiver before they depart for their immigrant visa interviews at a US consulate abroad. The starting date for this exciting regulation is March 4, 2013.
This new provisional unlawful presence waiver procedure is designed to minimize the time that US citizens are separated from their loved ones. The families will remain together while the waivers are pending. The beneficiaries of the waivers will need not to leave the United States until they have their provisional waiver approved and are scheduled for their immigrant visa interview abroad.
It is important to keep in mind that a provisional unlawful waiver is very limited in scope. As the name suggests, the waiver, if granted, will only forgive unlawful presence in the United States. It will not waive criminal violations, misrepresentations, prior removal or deportation orders, and other significant immigration violations.
There are some risks associated with seeking a provisional unlawful presence waiver when one is not eligible for it. Additionally, there are particular steps that need to be followed before the application for a provision waiver is submitted. As such, consulting an immigration attorney to begin this process cannot be overstated. At Wilner & O’Reilly, we have competent, knowledgeable, and experienced attorneys who can assist you with this process as well as any other immigration problems you may face. Feel free to contact us at any of our locations in Orange County, Riverside, Sacramento, and Salt Lake City.
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Kelly O’Reilly is a nationally known immigration expert and former immigration officer. He is a highly sought after speaker on immigration and employment compliance issues. Mr. O’Reilly serves as the current chair of the Riverside County Bar Association Immigration section and is a partner in the full-service immigration firm of Wilner & O’Reilly where he provides free consultations. Mr. O’Reilly can be contacted at (562) 207-6789 or he welcomes email inquiries at [email protected].
