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06 January 2012

USCIS Proposes Regulatory Change to Decrease the Time U.S. Citizens are Separated from Family Members who are Legally Immigrating to the U.S.

Posted by Alejandro Mayorkas, Director, U.S. Citizenship and Immigration Services (en español/Spanish version)

Underscoring the Obama Administration’s commitment to family unity and administrative efficiency, this morning U.S. Citizenship and Immigration Services posted a Notice of Intent in the Federal Register to begin a regulatory change that would reduce the amount of time that U.S. citizens are separated from their families while their family members go through the process of becoming legal residents of the United States.

Currently, children and spouses of U.S. citizens who have accrued a certain period of unlawful presence in the U.S., and have to leave the country in order to become a legal permanent resident of the U.S., are barred from returning to their families for as long as 3 or 10 years.  They can receive a waiver to allow them to return to their families before that period by showing that their U.S. citizen family member would face extreme hardship as a result of the separation.  But under current procedures, in order to obtain the waiver, these individuals must apply from outside the United States after they have been found inadmissible by a Department of State consular officer. This process can be lengthy and discourages individuals who are currently eligible for this waiver from applying.  To address this problem, the USCIS proposal would allow eligible immediate relatives of U.S. citizens to apply for and receive "provisional waivers" of unlawful presence before they leave the United States for consular processing of their immigrant visa applications, significantly reducing the time U.S. citizens are separated from their spouses, or children.

Not only will this proposal further the Administration’s commitment to family unity, but the change would improve government efficiency by increasing the predictability and consistency of the application process.

More details regarding the proposed process change will be outlined in the Notice of Proposed Rulemaking, tentatively scheduled to be published this spring and, which will be open for public comment. While we’re still in the beginning stages of the rulemaking process, we’ve posted some initial questions and answers on USCIS.gov to provide additional information. USCIS has also scheduled a teleconference listening session on January 10th at 2PM.  To RSVP for the teleconference, please visit www.uscis.gov/outreach.

To learn more about the federal rulemaking process, visit the Department of Homeland Security’s Rulemaking 101. For more information, see our fact sheet and this Federal Register notice of intent.

69 Comments:

At January 6, 2012 at 4:24:00 PM EST , Anonymous Anonymous said...

Thanks Alejandro and Obama I knew you will do something to help us out.

 
At January 6, 2012 at 4:59:00 PM EST , Anonymous Anonymous said...

Can our family have some peace of mind too? I am waiting for my EB3 based greencard for ages.

If USCIS allows Labor certification "waiver" for EB3 applicants, then we can easily upgrade our application to EB2 and get our green card at a faster rate.

Will USCIS help the poor souls like us by providing Labor certification "waiver" for EB3 to EB2 upgrade cases? If USCIS can help "unlawful" applicants, I think it is possible to help "lawful" applicants too.

I have seen USCIS make many administrative rule changes similar to this "Notice of Intent" but none for EB3 backlog applicants for the past 5 years.

I hope a "labor certification waiver" can be done similar to this "Notice of Indent".

 
At January 7, 2012 at 12:30:00 PM EST , Blogger rverhage said...

I do not appreciate MY government coddling foreign criminals. The administration has sold out our country, again.
Please allow only people with good character and positive values into our country, not liers and cheaters.
Ron VerHage
Michigan

 
At January 8, 2012 at 2:58:00 PM EST , Anonymous Anonymous said...

Administration keeps talking about illegals again and again...But apparently nobody cares about the LONG wait time (10+ years) for highly educated law abiding, tax paying legal immigrants from India (EB3 category). The world is changing. Economic and political power are slowly moving to the east (India and China). If USA can't attract the best and brightest from India and China, in the long run USA will lose the economic and political battle.

 
At January 8, 2012 at 11:43:00 PM EST , Anonymous Anonymous said...

So what if you can petition from here instead of in their own countries. Where they have to petition is NOT the issue. According to the fact sheet at the end of the blog, when the immigrants are back in their country they are STILL subject to being barred from the US for 3-10 years...of course unless you are under 18 or something. Doesn't the Obama administration or the USCIS understand that families are not willing to take that risk? We need a law that helps good, honest families who are willing to pay a fine (a healthy contribution for our bankrupt government courtesy millions of illegal immigrants) and ready to join the legal working force. Sorry, this sounds like a political tactic from the current administration to give false 'hope' and gain votes for the next election. Very crafty indeed...

 
At January 9, 2012 at 2:37:00 PM EST , Anonymous Anonymous said...

How/where do I provide my public comment to USCIS on yet another policy change that is just another way for back door amnisty. The USCIS website does not have a link for public comments. Obama gets to pick and chose which laws to enforce and to change the laws to get votes, so why do us legal citizens have to obey any laws? I just can't understand why our Government cannot understand that if you are in the US illegally then you are a criminal and should be deported immediately.

 
At January 9, 2012 at 3:02:00 PM EST , Anonymous Anonymous said...

This is the second initiative by the admin to help the people of "unlawful" status.

Cannot this admin help the "lawfully" present EB3 backlogged applicants too? At least a small help for the EB3 backlog?

We are waiting for 9+ years. Unlike the "unlawful" presence people, we paid enough money so far as EAD/AP fees.

 
At January 9, 2012 at 8:11:00 PM EST , Anonymous Anonymous said...

All you guys are thinking of yourselves what about the children of those "illegal aliens" so u say, that have no fault in the whole situation and you guys what would you do if you were put in this situation

 
At January 9, 2012 at 10:32:00 PM EST , Anonymous Anonymous said...

I hope this law passes and benefits only to people who are willing to make a difference in this country, my country. There are people out there who are willing to pay taxes and make a difference. Who are we to judge the "unlawful" as far as I know we all are immigrants and we all deserve a chance. For those out there who (EB3) are waiting for years to be a resident, please do not complaint at least you can work and travel, you are also looking for an opportunity as the "unlawful" one can argue that you are taking a job from a citizent who maybe in welfare for many years. By the way there is a good % of people who is in welfare that is not willing to work instead complaints about the "unlawfuls". I just hope the president pushes this proposal to the end and for the first time a promised is executed. we can have good arguments for this proposal both pro and con, but lets faces this is a real issued that soon or later needs to be resolved. I am tired as a taxpayer paying my taxes for all this proposals and nothing gets done.

 
At January 10, 2012 at 12:19:00 AM EST , Anonymous Anonymous said...

I have filed my N400 since 2007 . Took and passed the citizenship test. I am still waiting for my citizenship ...... it is so frustrated ...
where to go for help.... someone out there

 
At January 10, 2012 at 12:55:00 PM EST , Anonymous Anonymous said...

i hope they will change some law soon! This has been hard on me since I am american citizen and I moved to mexico so we wouldn't be seperated from my family. This is harder then anyone can imagine am going through. I have to spend 12 to 13 hrs away from my husband and my kids instead of just at least 9 hrs from my family for supporting my family by me going to work. I cant find time to go to college since i have to deal with border crossing. What make it worse is that I have anxiety with everything going on since my husband got deported
I know my husband will do whatever it take to be a good person in the USA. He will pay taxes like what i am doing now for my family. I am not giving up hope.

 
At January 10, 2012 at 1:51:00 PM EST , Anonymous Anonymous said...

Please help eb3 India folks.I have waited for more than 6 years.Can USCIS comeup with a good explanation of why they cannot ,put a administrative fix to clear eb 3 backlogs.I am eager to get their reply .

 
At January 10, 2012 at 2:35:00 PM EST , Anonymous Anonymous said...

We "lawful" EB3 backlogged people have US born kids too. And we pay money and suffer because of the EAD/AP. After 12 hours of flight, you need to wait 1 to 2 hours in a secondary room as zombie with your crying infant/toddler/kid. This is all because of Advance Parole. And we pay 1000 dollar on the average per family for AP every year.

We EB3 "lawful" applicants support this initiative. But how about our case. USCIS knows about EB3 issue for the past 6 years. Part of this issue is due to the fact the USCIS wasted some green cards during 2002-2004 period, even though enough people were waiting at that time.

The EB3 backlog can be solved by USCIS by a simple admin rule change. USCIS refuses to help us. I think this is due to the EAD/AP revenue.

One or two year wait is ok. But for us it is 9+ year wait. And the end is not in sight.

 
At January 10, 2012 at 2:42:00 PM EST , Anonymous Anonymous said...

This policy needs to be passed. This is not an attempt at backdoor amnesty like some people are trying to suggest. This is a way for AMERICAN CITIZENS to keep their families together. This is ONLY for the spouse or child of an AMERICAN. This is only for those who can prove extreme hardship. This is only for immigrants who are only inadmissible because of unlawful presence. Those who are inadmissible for other reasons, such as criminal backgrounds, or multiple illegal entries are not eligible. My husband qualifies for this if it passes and it keeps me from being separated from him for 10 years, and our children get to keep their father. He will still have to return to his country. He will still have to go through the process at the back of the line. It just removes the 10 year ban that he faces. I am an American Citizen, so are my children. We still have rights.

 
At January 10, 2012 at 8:09:00 PM EST , Anonymous Anonymous said...

I believe that a law should pass to help the immigrants, they have waited and waited for a long time. We need to see a good outcome of this. I believe if they have a good crimminal background they should be able to become a resident and if they show there true dedication then they should be able to become a citizen and fight for our country. We are all human and no one has the right to take you away from your family. The kids are the one's that suffer the most, if you were facing the same situation it would break your heart if they took you away from your family or children. You would be devastated. Immigrants are here to strive to have a desent life just like we are. Remember we are here to serve the lord. May God bless everyone. I am married to an immigrant and he is the best person I have ever met in my whole life, we are united as one, so why can't we be joined as one. He deserves to become a citizen to be with me. This is what God wants from us to love one another.

 
At January 10, 2012 at 8:23:00 PM EST , Anonymous Anonymous said...

Immigrants have come along way, I believe that it is time for them to have the opportunity to be able to become a resident or citizen, it they have a clean record and are here to serve the country, no one has the right to take you away from your children nor family, many immigrants are here to do the same thing we are, to work for a better life. They are not here to harm no one. Some immigrants are here to better themselves and get an education. and maybe even one day take care of us when we are in need. Please give everyone the opportunity that they deserve. God bless American and let's all do what is best. To help the people. One day may a difference in our lives for the best.

 
At January 10, 2012 at 10:06:00 PM EST , Anonymous Anonymous said...

i have been with mynspouce now for 8 yrs and hes not allowd to fix his status here . we have been trying to get his papers now for over 2 yers . if we would have filed when we first got togerher he would be able to fix hus papers here . but he doesnt want people thinking the only reason we got married is for his papers. we have a home and a small bisness , we both pay our taxs and we are good with one another . why does it cost so much and we still are going to have to be apart for a long time its not right .. i was born here and the gov. is tell me how i can and cant wed why does the gov have the right to interfear in my personel life .


a tax paying citazen joanne pineda friom mi

 
At January 11, 2012 at 6:17:00 PM EST , Anonymous Anonymous said...

I am a US Citizen and this will benefit my husband,more importantly my be-loving children wont have to be separated from their dad.We filed form I-130 for my husband and its been approved already.When my kids get home from school all they do is asked if their daddy is not going to stay away from them for a long time and it breaks my heart not knowing what to answer all I hope that this law gets approved.

 
At January 12, 2012 at 11:36:00 AM EST , Anonymous Anonymous said...

This country was made by immigrants for immigrants why all of a sudden you have certain people saying get out of "my" country or american has betrayed itself. half these so called "Americans" probably do not even no their history correctly cause last time i check this country belonged to the native Americans and they allowed us to come in and the thanks we gave them was running them from their own country so who betrayed who really. This is a country of immigrants you don't like it go back to the country you really came from cause unless you are native american your not from here.

 
At January 12, 2012 at 11:52:00 PM EST , Anonymous Anonymous said...

I live in NJ and my case apply to this situation. I think is not fair that i came to have a better life and i'm contributing to this society and they don't recognize me just because i broke 1 law, while many some others come leggaly to this country to break laws. All those elders in the senate should start thinking with their heads and stop that political game.

 
At January 13, 2012 at 5:30:00 AM EST , Blogger jade89 said...

What about the children of those illegal aliens so u say, that have no fault in the whole situation and what would you do if you were put in this situation.
http://www.themitralvalve.org

 
At January 13, 2012 at 8:30:00 AM EST , Anonymous Anonymous said...

In according with tha actual process, this waiver is to LPR' spouse and children, too. With this modification, will they be out of this benefit?


Actual Proceess

Evidence of Extreme Hardship

Approval of a waiver application requires a finding that the refusal of admission to the United States of the immigrant alien would result in extreme hardship to a qualifying relative. In general, a qualifying relative for the purpose of a waiver may be a spouse or parent who is a United States citizen or a lawful permanent resident.

Refrence.-
http://honduras.usembassy.gov/dhs-uscis_waivers.html

 
At January 13, 2012 at 11:53:00 AM EST , Anonymous Anonymous said...

Immigration rules, laws, and policies have affected millions of people. Personally, it has also affected my family. As I read and heard hundreds of stories clearly the immigration system is broken and is in need of immediate fix. Reasonable rules and regulation would make a world of a difference for millions of families who are already living here in the United States. Help out families who have been stuck in the process for many years, to help their families flourish and grow healthy and successfully. Isn't that what our government want for this great nation? Healthy and successful families makes a great nation.

 
At January 13, 2012 at 1:10:00 PM EST , Anonymous Anonymous said...

I pray to God that this gets approved as this will be an answer to one of my prayers. I know that this will benefit many families. I also cannot ignore the fact that there are other issues that USCIS needs to address. In the meantime, I am thankful that they are taking little steps to unite families. If this proposal is approved, I will at least have the chance to prepare myself for next big change…. Such as living in another Country for 10 years. The approval for my husband’s waiver from Honduras would take at least 12 months of separation with the current process.

I am a US Citizen, and I cannot imagine my children not growing up here. Many Americans take for granted what they have here. I don’t argue that some immigrants take advantage of several things the US offers; and I do agree that immigrants who are criminals should not be here. I do agree that hard working, tax payers, and those with no criminal record should have the opportunity to stay and contribute more to this country.

Many here like to argue of what is not being done; however, there are many Americans that are simply ignorant of all the processes you have to go through. What do you say that we start educating Americans of how the current processes are affecting us?

For once, can we all come together and Thank God that things are moving at least a little bit and help each other out? From the comments above it sounds like the majority know that waiting periods are long….. Very long…..
So what do you say? Should we continue to argue, or should be support one another? Today we are for families that will benefit from this, and tomorrow we will be there for your family too. Things will go a lot smoother if we all work together.

 
At January 13, 2012 at 10:38:00 PM EST , Anonymous Anonymous said...

how soon would we know when this law is passed for shore and about how much time

 
At January 14, 2012 at 10:03:00 AM EST , Anonymous Anonymous said...

Any Law so far
India Backlog of EB3.
They are here legally!
working and paying taxes!!
Still waiting more than 10years!!!
Why they dont have family???

Think!!!!!!!!!!!

Thanks

 
At January 14, 2012 at 8:56:00 PM EST , Anonymous Anonymous said...

EB3 people who have already filed GC papers during July 2007 atleast you have EAD/AP and stay with your family. But think about those people who missed July 2007 filing and have to stay away from family. American talks about family unity bull shit. They are bigger supports of illegal immigrations in the world. EB3 people are meant to pay taxes to support illegal people otherwise where is the money with Americal to support them.

 
At January 16, 2012 at 9:38:00 AM EST , Anonymous Anonymous said...

I am very excited to hear about this possible change. As a citizen, I would not want my family separated. I know so many people who are married to citizens but don't apply due to the possible 10 year separation. I fully understand that the government is trying its best with that law to prevent illegal immigration. Unfortunately that hasn't been the best solution. On the other hand we can't ignore the reality, US citizen should stay with their families with out fear of separation. I think everyone should have the opportunity. This change is a baby step hopefully leading to a big leap in immigration. To our Indian brothers, I would support any change that would benefit everyone. Hope to hear a date of implemantation soon. Good luck to everyone

 
At January 16, 2012 at 12:31:00 PM EST , Anonymous Anonymous said...

Thank you President Obama for Helping me and family.
this new regulatory change will help me personally.
Thank you

 
At January 17, 2012 at 11:35:00 AM EST , Anonymous HELP said...

I have about 4years left out of the ten year bar. I have no criminal record, lived in the US for 25 years, have US Citizen Children, One in the US ARMY, a US Citizen Son in Law in the US NAVY- am a military Parent- PLEASE COMMANDER IN CHIEF, HELP!!! My Children are going crazy.

 
At January 17, 2012 at 2:31:00 PM EST , Anonymous Catherine Olvera said...

I think that this is helpful for some people but what about people like my spouse who hasn´t beenin any major trouble and has a family with me but entered illegally and that I depend on for my care and the care of my children? We need something that will help him and others like him.

 
At January 17, 2012 at 2:36:00 PM EST , Anonymous Catherine Olvera said...

I hope that this helps people who need it but what about families like mine. We have been seperated for a year and still no closer to me spouse coming home then when we started he was supposed to get an appointment in Jan. but now the are saying it could be 2 or 3 months. How fair is that I depend on him for my medical issues and he hasn´t been in any major trouble so what about us can´t someon help us too. This country was founded on immigrants why stop the help for our melting pot now?

 
At January 17, 2012 at 2:42:00 PM EST , Anonymous Anonymous said...

The problem is in Juarez the people can´t tell accurate information to save their buts. I have called them four times and got four different time frames. The first person said call on January2 for an app. I called they said sorry but we have to let the consulate know he´s eligible call back in 2 weeks four at the longest. I called in two weeks and now am being told it could be up to 3 months before his appointment and then he has to have a second one with deptment of Homeland Secrerity. This is a bunch of bull for all of us who have families and there spouse hasn´t been in any major trouble they need to waive the fees as they are outrageous and make it difficult for anyone to be able to get legal. Someone needs to help us!!!!

 
At January 18, 2012 at 8:13:00 AM EST , Anonymous Linda Campbell said...

Great to see progress in encouraging legal immigration. Our country was based on legal immigrants and this tradition shoud continue!

 
At January 18, 2012 at 2:26:00 PM EST , Anonymous Anonymous said...

Is there any use in posting in this forum? Any policy change in USCIS happened based on the postings here?

 
At January 18, 2012 at 8:25:00 PM EST , Anonymous Anonymous said...

I believe this is a great step toward family unification and a slight door opening for those husbands, wives, and children of American citizens. Although these people have been classified as 'illegal immigrants' due to their entry without inspection or visa overstay(180 days +), a great mayority came in search of a better future, they have work hard, paid taxes, and even got educated (know of people with Masters degrees in Engineering). I applaud your effort and hope for a final rule before the end of this administration and it isn't only a political move.

 
At January 18, 2012 at 10:50:00 PM EST , Anonymous Anonymous said...

IT'S BEEN 6 YEARS SINCE MY PETITON WAS APPROVED! STARTED THE PROCESS WITH THE DEPARTMENT OF STATE AND BEEN INFORMED THAT THERE'S A VISA AVAILABLE FOR ME! UNFORTUNATELY IT REQUIRES ME TO LEAVE THE US AND MY FAMILY FOR UNCERTAINTY 3-10 YEARS!!
FROM THE S.F BAY AREA CA, TO CD JUAREZ MX,( 1000-1500) MILES AWAY TO FIND OUT THAT I CAN'T COMEBACK!
2500 MILES FROM THERE TO MY HOMETOWN, A PLACE I HAVEN'T BEEN SINCE 1986.
<< IM EXCITED TO HEAR ABOUT THIS PROPOSITION >>
AND I HOPE IT BECOMES TRUE!

I CAN'T HELP TO CRITIZED THE FACT THAT, THE ONLY CONSULATE THAT PROCESS IMMIGRANT VISAS IN MEXICO IS THE CD JUAREZ CONSULATE!! COME ON, THERE'S OTHER CONSULATES ALL OVER MEXICO!!! THE APPLICANT SHOULD BE SENT TO THE CLOSEST CONSULATE BASED ON WICH STATE IS HE ORIGINALLY FROM. TOO MUCH TO ASK???? NO!!! JUST COMMON SENSE.

 
At January 19, 2012 at 12:00:00 AM EST , Anonymous Anonymous said...

God bless America, A nation of immigrants !!! I hope that this law will be approved as soon as possible to benefit of this Beatiful country and all our immigrants brothers. Thank you so much

 
At January 20, 2012 at 4:06:00 PM EST , Anonymous Anonymous said...

May i please know, what about those who came here ligally to do their masters in several programmes but have over stayed and has even given birth, though the kids are American born but thev parent have overstayed their visas, are you please going to consider them too?

 
At January 20, 2012 at 4:18:00 PM EST , Anonymous Anonymous said...

We know the good lord will surely help this law to be come effect in other to help immigrants because many are suffering and crying every passing hour to get papers to work to better their lives and also to help the entire world. GOD BLESS YOU FOR THE GOOD DESCION TO HELP IMMIGRANT BECAUSE WHEN WE GO TO HEAVEN WE ARE ONE IN JESUS CHRIST NAME.

 
At January 20, 2012 at 5:01:00 PM EST , Anonymous Anonymous said...

I am thankful for the support group for those nuclear families comprised of a US Citizen and undocumented immoigrants who are affected by the 3 and 10 year bar, I will like to request that everybody interested in more changes for Keeping Families Together in regards to the I-601 waiver. We have all been affected by the regulations that now exist which punishes US Citizens and has contributed to the separation of many US families. I will like to request that you write to Mr. President Obama and Lawmakers for the following:

1. How existing orders of removal for those facing a 3 and 10 year will be handled? Will their order of removal be lifted if they haven't commited any crime other than entering without inspection and they qualify for a waiver?
2. Will the spouses of US Citizens who have already left the US and are waiting outside the US be able to benefit from this new ruling? How would this new ruling include them? Will their cases be expedited or time be credited if they have already been waiting?



Sincerely,

A very Desperated U.S. Citizen married since 2001 with a very special woman and we are affected by point No. 2 Bellow.

 
At January 22, 2012 at 9:31:00 PM EST , Anonymous Anonymous said...

This is not a change in law. This is simply a change in the process. Only congress can change the law. Now the waiver can be applied for and be tentatively approved prior to the immigrant spouse or child leaving the US. This will simply cut down on the time that the immigrant has to remain outside the US waiting for waiver approval. Again, not a new law or change in law.
This is to help the US citizen not be separated from their family member that happens to have entered the country illegally.

 
At January 25, 2012 at 1:40:00 AM EST , Anonymous Anonymous said...

To all of you ignorant people who think "illegal immigrants dnt pay taxes do your research first. I understand that breaking laws is not good but we need to have a little sympathy for those people. Put yourselves in their position. If coming here legally was at least fairly easy everyone would do it. Do you think some risk their lifes to come here and also experience hostility just because? Nooooo, they do it fir a better life for them and their families. Most of them work hard, pay taxes and try to be as good as they can. Give them a break. We are ALL IMMIGRANTS! Exept for native Americans.

 
At January 26, 2012 at 9:41:00 AM EST , Blogger mdlcrz said...

What exactly constitutes extreme hardship? In my opinion any form of family separation is an extreme punishmenrmt for the whole faminly. Yes the individual entered the country illegally, but even murdered get to live freely after paying their debt. Why can't an immigrant live with their family without the fear of being separated. You have mothers who abandon their children without remorse, fathers who never contribute a cent to their cildren's needs. Here we have fathers supporting their children, and the law says he is not allowed to stay. How is that not a hardship? How do you explain that to a child without tramatizing a child. Opposers of any kind of reform express how patriotic they think they are. Whether they like it or not our children, offsprings of legal and illegal immigrants are the future of this country. I don't think that a child who has been separated from his father/mother will have fond memories of a country who stripped them of a parent.

 
At January 26, 2012 at 12:12:00 PM EST , Anonymous Swiden Torres said...

How about the people that are in their country waiting for this 10 ban to pass to be able to apply for the waiver. My husband has 3+ years in Mexico and my 14 month daughter and I are here. We have to go back and forth to see him. My husband or I were not even given the option to turn in a waiver. How can people trust this.

 
At January 26, 2012 at 1:06:00 PM EST , Blogger nguyen said...

My political asylum closed by ice director program, i entered us legal and stay over, i have a us child, my case is belong this policy?

 
At January 30, 2012 at 9:02:00 PM EST , Anonymous Anonymous said...

Arrived in U.S. with a K2 Visa now my Mother received Green Card 3months later. 6years in April i still dont have my green card renewing my Employment every year, and drivers license cost too much. My case still says pending I came to U.S. with Mother to join the Marines but they wont take me cause i dont have a GreenCard. WHAT DO I NEED TO DO ABOUT MY CASE????

 
At February 4, 2012 at 1:52:00 PM EST , Anonymous Anonymous said...

While we are very thankful for this proposition,the families of U.S citizens who currently live in other countries have been waiting 5, 10, 20 years to immigrate legally...what about them? The F1 category is processing applications with a priority date from Dec 2004!not to mention if you are the spouse or child of a LPR, you would be without your spouse or your child for at least 3 years. Why is nobody thinking of these people? They do everything requested of the USCIS to immigrate legally and in return they are not even allowed to visit their loved ones during this long wait. if they could visit that would offer some comfort to know that if someone falls ill or if there is a death they can come to the US and help their loved ones who are sick or say goodbye to someone who had died.I am pretty sure this will fall on deaf ears but all we can do is keep trying to get heard. http://www.unitefamilies.com/

 
At February 6, 2012 at 7:16:00 PM EST , Anonymous Anonymous said...

Finally, a reasonable and humane law. Hopefully this will become effective as soon as possible. It will help me and my spouse in so many ways. There is no crime in falling in love with someone who does not have "papers." And for those who call immigrants "criminals" then you are one as well. Take history classes and take a look of where people came from and how this country was taken away from Native Americans.

 
At February 10, 2012 at 11:21:00 PM EST , Anonymous Anonymous said...

Just read a case where an American citizen decided to go to Mexico to protect his wife since she was not given a waiver. He was killed after six months and he pleaded immigration services to help his case and he got no answer. This immigration waiver law needs to be put and kept that way. It should even not require people leave the country. Where is the value of family unity? These people were trying to do the right thing but now their life has completely changed just because of some legal status.

 
At March 17, 2012 at 11:11:00 PM EDT , Anonymous Anonymous said...

I hope something will be done for the immidate families of a U.S citizen who have to wait for long months to more than a year to get green cards. It is hard to be separated from spouse and other immidate families. please we need some adjustment on that law. God bless United States of America.

 
At March 24, 2012 at 10:55:00 AM EDT , Blogger sarangelmena said...

will an applicant married to a US citizen be able to qualify if he is a college student? i think they should be a priority for people under medical reasons, and educational reasons. There are many people who are trying to do something good for this country. I hope they can also be helped under this new rule.

 
At April 6, 2012 at 3:13:00 PM EDT , Anonymous Anonymous said...

I really hope this passes cause my husband was deported to Nicaragua, we have three kids. There are so many families that are apart from their loved ones. Husbands, wives, children, mothers and fathers separated in another country when they should be together with their family. The families suffer a lot being separated.

 
At April 10, 2012 at 2:45:00 PM EDT , Anonymous Anonymous said...

I personally believe it is fair to allow these individuals to stay in
the U.S while their paperwork is being processed versus sending them
back to their respective countries and I will say why; Currently
people who came to this country on a visa if they choose to apply for
their papers through a spouse etc., are allowed to stay in the
country, now many of these people came to this country because the U.S
issued them a visa, then they decided to stay in the U.S longer and
their visa expired and yet when they apply for their green card the
process is faster, so my argument is, those people the U.S trusted
them by giving them a visa and they violated the law by staying in the
U.S never returning to their countries yet the privileges are better
for them than for those whom the U.S never granted them anything to
begin. I am a U.S Citizen but I personally believe either all should
go back or none. In addition if someone should pay a higher crime are
those who had visa and chose to dishonor the law after staying or
using that visa to come to live to the U.S.

 
At April 10, 2012 at 3:26:00 PM EDT , Anonymous Anonymous said...

strongly agreed to approve this law change. they are not criminals they are human, people seeking a better life or fleeing from a country in which they were in constant risk (mexico exe) and hopefully the time they are separated from their families is minimal.

 
At April 10, 2012 at 5:25:00 PM EDT , Anonymous Anonymous said...

My family has been separated for the past 6 yrs and there is not a day that goes by that we can over look this. How do you expect to have productive citizens when you are leaving them parentless some even orphans.

 
At April 18, 2012 at 1:03:00 AM EDT , Anonymous Anonymous said...

I thank God for this law coming into effect.and even tho this will mean so much to many of us my concern is for children who came here very young knows nothing about where they were born except for what they might heard,They walks like Americans talks like Americans study like Americans and even with this new law how do these children who may have had their 18th birthday still in school prove extreme hardship. How would extreme hardship apply to kids who has nothing to go back to, Why should we take our kids out of school to send them back this will affect our children I believe that they should be some provision for our children to be free and not have to live in fear also it would be nice for those of us who are already in the United States to obtain residence without fear of being separated from our loved ones. Please consider also the children they need to feel safe and we all can work together to let a child know that even when he or she reaches 18th they can still continue their school without interference.I pray that this law be pass and that the grounds for extreme hardship be taken into consideration making way for families to stay together without departing. Thank you.

 
At April 30, 2012 at 9:35:00 PM EDT , Anonymous Anonymous said...

I also hope that the Authority will also consider the petition of US citizen to their loved ones who are still outside of the United States. The processing time of a petition by an immigrant to their loved ones is much shorter than that of the petition by a US citizen. That is F1 against F2B. I wonder why?

 
At May 6, 2012 at 5:03:00 PM EDT , Anonymous Anonymous said...

Citizenship in 3 Years for people who got their permanent residence status under EB1 Category.

I strongly believe that, USCIS should reconsider about the current "time" requirement for perm residents to become US Citizenship. Especially for the professionals who obtained their GC under EB1 category.

With certain strict requirements like:
1) No Arrests
2) No Conviction
3) No Immigration Violations
4) No Tax Liability

This will help US to integrate the "Best of the Breed" into the system which helps system to be most powerful in the world.

Education, Management, Research and Education fields will become more and more productive when US gives such benefits to the "EB1" cases.

This is just a thought, and i welcome comments.

 
At May 7, 2012 at 2:16:00 PM EDT , Anonymous Anonymous said...

I lived in the US 10+ years ago and got a 10 year ban because I had lived in the US illegally over 1 year. Now, the 10 year ban elapsed in March 2012.

Already submitted I-601 waiver because my wife is filing for me.

Do I still need I-601 waiver approval even though my 10 year ban has elapsed already.

Please let me know if this I-601 still applies to my case even when the 10 year ban date has elapsed.

Have already sort through the internet but there is no mention if waiver is still required after 10+ ban has elapsed for waiver that have already been submitted.

Would really really appreciate a reply for this scenario.

Thanks

 
At May 15, 2012 at 3:56:00 PM EDT , Anonymous Anonymous said...

Im agree and I hope this change goes into effect soon,there are many families separated by the long process that takes this (and it is very sad to know that there are people very inhumane and not even realize the value of a united family, we all have a family and is a precious gift. With this change will prevent the breakup of many families because unfortunately there are few who dare to leave his loved ones

 
At May 17, 2012 at 1:32:00 AM EDT , Anonymous Anonymous said...

The USCIS website needs to provide more information. For example: it should mention in advance that they will use a very inaccurate "bone age test method" to guess your age, and then use that "information" to deny entry even after all other requirements are met.

It feels as though this is just an excuse that the government uses to deny qualified legal immigrants, while it turns a blind eye on illegals who do not pay taxes but spend welfare money.

Still, we should all be impressed with how the State Department and USCIS are working hard to improve the economy. Before your visa is granted, the USCIS collects all the fees, with no refund available under any circumstances. For example, the fingerprint fee is charged in advance, but if an applicant is denied in the end, no fingerprints are ever taken even though the fee was collected. Now that I call rip off.

I got advice from a friend who has lived in this country for ages. He says that if you live in the USA, you need to be very careful, and make sure to read all the fine print, because if you don't, they will rip you off.

I hope our government does something to change these policies, otherwise the country will lose the opportunity to allow talented citizens in, and the IRS will lose the opportunity to collect income taxes as well.

PS: My relatives are the victims of the bone age test scam. I am very disappointed with my government.

 
At May 24, 2012 at 12:20:00 AM EDT , Anonymous Anonymous said...

I really hope that this waiver goes into effect this year before elections, and it is not just another tool to gain votes. I also hope that this is not going to be a way of getting people out of the United Stated and when they are in their home countries and go to the U.S. consulate they just deny their visa without any explanation, as they usually do specially in Latin American countries, where people pay a high fee for an interview to get a tourist visa and many times are denied a visa even without looking at their documentation. This waiver is giving hope to families like mine, that are tired of having members of the family being abused by employers who know their immigration status and who don't pay fair salaries and not being able to any benefits, but paying like we do mortgage payments, real state taxes and trying to be just another American family.

 
At June 6, 2012 at 6:51:00 PM EDT , Anonymous Anonymous said...

what will happen to those who were already received a court order to leave the country? It is not fair for those who are currently separated from their families to continued being separated, and this new law passes and it does not bring current applicants who are already outside the country any benefits.

 
At June 8, 2012 at 10:23:00 PM EDT , Anonymous Anonymous said...

Honestly I think that the waiver should be all children of US Citizens regardless of age . Because as parents - we want our family to be together and not separated for years. Most importantly comparing USA with other countries - the waiting time is ridicously long ( 8-10 years or more ).

 
At July 11, 2012 at 8:46:00 AM EDT , Blogger Monalissa Almeida said...

PLEASE LETS WORK ON GETTING THIS I-601 APPROVED. DONT MIND THOSE HATERS THAT ARE TALKING BAD ABOUT ILLEGALS. THERE ARE BAD ILLEGALS LIKE THERE ALSO ALSO GOOD ONES. SAME FOR AMERICANS THERE ARE GOOD ONES AND CRIMINALS. WITH THIS WAIVER IN EFFECT WILL HELP LOTS OF FAMILIES. MY HUSBAND IS A HARD WORKING MAN. NEVER HAD PROBLEMS WITH POLICE ETC. SO PLEASE HELP FAMILIES ! GOD BLESS YOU

 
At July 26, 2012 at 1:08:00 PM EDT , Blogger chin11 said...

I hope That I-601 past It would help a lot of families. We are here to work we're not criminals, So please help us, My wife tells me all the time I don't wanna be separated and My kids be separated from his dad, Again please help us. God bless!

 
At April 23, 2013 at 4:34:00 PM EDT , Anonymous Anonymous said...

. American Citizen that married for true love. Love my husband. To make long story short we have to wait 10 years. Going strong this 2013 on our 6th year. I am very blessed to see that even if this wait is cut by a couple of years for us to be together in my own country USA that will be alot gained. My blessings goes out to all of you that are separated and still waiting. Lets not lose hope that this law will pass. Gob Bless!

 
At December 4, 2013 at 5:29:00 PM EST , Anonymous Anonymous said...

THE CURRENT ADMINISTRATION LYED TO US TO GAIN OUR VOTES TALKING ABOUT IMMIGRATION AND REUNION OF FAMILIES MEAN WHILE NOTHING HAS ACTUALLY BEEN DONE. THE FIRST AMENDMENT OF THE CONSTITUTION GIVES US FREEDOM TO CHOOSE SO WHY CAN I CHOOSE WHO I MARRY?, WHO ARE THEY TO DECIDE WHO I SHOULD LOVE. THEY ARE LEGALIZING GAY AND LESBIAN MARRIAGE BUT WHY ARE REGULAR MARRIAGES BEING PUNISHED AND SEPARATED?

 

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