“The Proposed Rule on Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives” is a new rule that has been proposed by the Obama administration to help keep immigrant families together by streamlining the citizenship application process for relatives of U.S. citizens and thereby minimizing the amount of time that would bar them from being admitted into the United States. This proposed rule is important because it would change the instituted procedure that everyone who qualifies for green cards is made to leave the U.S. to obtain their permanent residence status in their country of origin, yet, by leaving the country, a prohibition is automatically triggered due to another law that bars them from re-entering the U.S. for anywhere from three to ten years because they remained in this country unlawfully for over 180 days. Even though a family unity waiver already exists, it is not practical since it can only be resolved overseas, and can take up to several months to process. Because of this complex route to legality, many of those who are living in this country without proper documentation decide to remain unauthorized instead of risking leaving the country and not being let back in.
“The Proposed Rule on Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives” is a new rule that has been proposed by the Obama administration to help keep immigrant families together by streamlining the citizenship application process for relatives of U.S. citizens and thereby minimizing the amount of time that would bar them from being admitted into the United States. This proposed rule is important because it would change the instituted procedure that everyone who qualifies for green cards is made to leave the U.S. to obtain their permanent residence status in their country of origin, yet, by leaving the country, a prohibition is automatically triggered due to another law that bars them from re-entering the U.S. for anywhere from three to ten years because they remained in this country unlawfully for over 180 days. Even though a family unity waiver already exists, it is not practical since it can only be resolved overseas, and can take up to several months to process. Because of this complex route to legality, many of those who are living in this country without proper documentation decide to remain unauthorized instead of risking leaving the country and not being let back in.
The change would also encourage hundreds if not thousands of individuals to go through this process to become legal residents rather than remain in the country illegally. The administration is currently seeking the comments and suggestions of anyone who has any recommendations to offer on the proposed rule, encouraging feedback from everyone so as to gain a better perspective. Some of the suggestions that have already been offered include expanding the eligibility to additional family members and to those family members who are already in removal proceedings. People will have until June 1st to submit their suggestions. This proposal is the kind of immigration reform we have all been hoping for; while it is a small step forward, it makes a huge difference for countless people. Be that as it may, it is important to note that these proposed changes do not mean that anyone would automatically get the waiver. Those who are eligible will have to go through the process and could be denied the waiver if they do not qualify under all the requirements. However, it would open up many opportunities to those who do, and would allow a breath of fresh air to families who live in fear of being separated.
