Proposed Change May Allow Immigration Waiver for Undocumented

January 6, 2012

changes ahead.jpgThe Obama Administration has proposed a change in immigration regulations which would potentially change the lives of undocumented immigrants in the USA.

Maybe the most common problem we see as immigration lawyers is the person who entered the USA with no documentation, or who had a visa but overstayed -- the so-called "undocumented alien." This problem is enormous and affects our clients throughout the nation, not only those at our The Law Offices of J Craig Fong offices in Los Angeles or Palm Springs.

This is very complicated, so please read carefully:

(1) With few exceptions, an undocumented alien can only interview for a green card by going back to his/her home country to have an interview at the US Embassy. The CATCH is that when someone like this departs the country, s/he triggers a ten-year bar, and s/he will not be allowed to return for ten years, even if s/he otherwise qualifies for the green card.

(2) There is one exception to this bar: if the undocumented alien goes to the interview and is barred from coming back to the USA, the applicant can file a "waiver," explaining that some US citizen (or legal permanent resident) will suffer "severe Hardship" if the applicant is not allowed to return. At this time, the waiver can only be filed at the US Embassy at the time of the applicant's interview. The means that the applicant ends up waiting abroad for months waiting for a decision. If the waiver is NOT granted, the applicant cannot return.

(3) If this regulatory change is approved, the Obama Administration would allow the applicant to apply for this waiver BEFORE the applicant leaves to the home country. This would be an enormous benefit. If the waiver is granted, the applicant goes to the Embassy interview and comes back, no 10-year bar. If the waiver is NOT granted, then the applicant just stays put in the US, and avoids going home to be denied and excluded.

This is not an amnesty.

This proposed change allows those who can be legalized to get a green card through the regular immigration process. The only change would be applying for the waiver before departure from the USA. The impact of this small change would have an enormous impact on individuals and families in Los Angeles and throughout Southern California. Right now, this is only a proposal -- it is NOT YET IN EFFECT.

The lawyers at the Law Offices of J Craig Fong have talked to hundreds if not thousands of people over the years who can benefit from this potential change. Stay tuned. As soon as this change goes into effect, we will be post additional information. --jcf