AS A former Immigration Officer and as a practicing attorney for 14 years, I have been around long enough to know that when a great opportunity presents itself my clients should act immediately. Most of my fellow practitioners will tell you that the last 15 years or so have not been kind to immigrants. Things appear to be changing.
Previously, enforcement and removal had replaced benefits as the government’s priority. In fact, under President Obama deportations were at an all time high. By the way, this was contrary to what he had promised in a campaign of hope and change that in reality became arrest and chains.
However, the election taught President Obama and actually both parties that they could not continue on this path and now they appear to be ready to make changes to the broken immigration system and from all indications these changes are coming quickly.
Our first hope of change has come in the form of a recent announcement that will help all undocumented aliens who are immediate relatives of U.S citizens. That is any individual who is a parent, spouse or child of a US citizen. If you are a child you must be under the age of 21 and unmarried. Under the new rule if a person who fits in the above describe category, immediate relative of a US citizen, has unlawful presence in the US they may now file for a waiver of their violation while remaining in the country. The form that will be used for this request for forgiveness is called the I-601A. This form is used to receive a pardon for living in the US unlawfully. Though the new law does not allow for the person to adjust status in the US it does insure their return when they go to their native country for their immigration interview. Of course the success of consular processing is subject to their being no other forms of inadmissibility.
Previously in such a case where a person enters the US illegally or overstays their visa and then marries a US citizen there would be great trepidation to leaving the country for the green card interview as there is no guarantee that a waiver would be granted. Now a person can file for the waiver first while in the US and wait for it to be granted before leaving the country for their interview. With such a waiver in hand confidence in the return is greatly increased.
The new law takes effect on March 4, 2013 and if you think you fall into the immediate relative category and have entered the US unlawfully or have not maintained your status you should see a competent immigration lawyer to consult on your possible qualifications for this new law.
Great things are coming so act upon them now by seeing an immigration lawyer.
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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].