A new immigration rule taking effect March 4, 2013 will let immigrants reduce the amount of time they are apart from their families when applying for their lawful permanent residence, also known as a green card.
“This is only for applicants with United States Citizen spouses and/or United States Citizen parents,” said Evelyne M. Hart, a Southern California immigration attorney . “This new I-601A waiver is going to mean a lot to families, especially families with young children or aging parents who are not in the best of health and who need the help of their alien spouse or alien child.” Evelyne Hart added.
Before this new rule, undocumented applicants triggered the 3-year bar or the 10-year bar when applying for their immigrant visas in their country of residence. “Now, the undocumented applicant can wait in the United States for the waiver to be decided, which makes a big difference on the amount of time families are apart.” Ms. Hart clarified.
The new rule is called “Provisional Unlawful Presence Waiver.” The law requires anyone who entered without inspection and is an immediate relative of a US citizen spouse or parent and wants to get permission to live in the United States to return to their country of origin to get an immigrant visa.
Beginning March 4, 2013, the foreign national can wait in the US for a waiver decision, instead of waiting up to one year in their home country. “That is a huge advantage,” said Evelyne Hart.
Once the waiver is approved, the person returns to the home country to apply for their immigrant visa. The wait will be approximately one to two weeks instead of one year as required under the old rule.
“This rule is not going to apply to everyone. It’s only going to affect some people, those who are married to a U.S. Citizen or have a parent who is a U.S. Citizen and have an approved I-130 or I-360 petition. It’s complicated paperwork, immigrants who are trying to apply for this hardship waiver are going to need help. They should consult with an immigration attorney who is familiar with the processes.”
The person applying for the waiver and the application to come into the U.S. to become a resident is still going to have to leave the country. But as stated above, the stay abroad will definitely be shorter, Ms. Hart said. The application will consist of the I-601A waiver form along with documents proving the extreme hardship.
Form I-601A, Application for a Provisional Unlawful Presence Waiver , will be available for official use beginning March 4, 2013.
For more information about the new rule or help in applying for the waiver, visit http://hartimmigration.com/ or call 1-866-427-8872.
ABOUT HART IMMIGRATION
The Immigration Law Offices of Evelyne M. Hart, PC (Professional Corporation) is an immigration law firm focused on serving the needs of U.S. companies and foreign nationals in their quest for immigration services. The Immigration Law Offices of Evelyne M. Hart, PC is a boutique law firm combining the service and efficiency of a small firm with the resources of a much larger firm to offer its clients superior legal representation.
Evelyne M. Hart, PC
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