SINCE 2008, we have heard the topic of immigration reform repeatedly. However, discussion has never led to any substance. After Obama’s reelection, the public has made it clear that immigration reform is a key priority. He is finally listening.
In January 2013, the President Obama stated that “Now is the time” for immigration reform. The President outlined a vision for reforming the nation’s immigration policy which called for a clear path to citizenship for illegal residents who pay their taxes, learned English and abide by the laws of the United States. A bipartisan committee in Congress has also started discussion on immigration reform. Although the details of immigration reform have not been determined, we know that immigration reform is coming!
Changes have already occurred in our immigration system in the past few 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. If you are in deportation proceedings and have not committed a serious criminal offence, seek competent immigration counsel now.
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. If you are under the age of 31 and the previous applies to you, seek competent immigration counsel now.
Starting March 4, 2013, the new unlawful presence waiver procedure will also take 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. IF this applies to you, seek competent immigration counsel now.
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For immigrants in the United States trying to legalize, this is an exciting time. We have not seen such major changes in our immigration system for many decades. It is finally time to come out of the shadows and resolve your immigration problems. At Wilner & O’Reilly, APLC, we have former immigration officers, Board Certified Specialists and proven litigators to assist you on your path to legalization. With four convenient locations in Orange, Riverside, Sacramento, and Salt Lake City, we are ready to assist you in all your immigration matters. Call us at (714) 919-8880 to schedule a free consultation today.
