According to the rule change announced on Wednesday, January 2, 2013, by Obama administration using the executive power, certain illegal immigrants will be allowed to stay in the country with their families during most part of the process of obtaining green card, which came as the first major step toward immigration reform this year.
It was announced by Homeland Secretary, Janet Napolitano, without a reform law being passed by the Congress. According to the rules, the period of separation will not be as long as before for the spouses and families of green card holder who have applied for the same.
This waiver rule was first proposed in April 2012, and after the announcement, it will come into effect from March 4, 2013. After that, unlike under 1996 statute, when once the illegal immigrant leaves the country, he/she is barred from entering the country for up to 10 years, this waiver will provide a great deal of relief for the majority of the 11 million illegal immigrants in the country.
The rule will allow the illegal immigrants, who are eligible to obtain permanent residency, to apply for green card without leaving the U. S. provided he/she demonstrates that such a separation from family can lead to extreme hardship. The conditions of extreme hardship will be taken into account by analysing the applicant’s circumstances and the supporting evidence provided. This rule does not imply provision of legal status to the illegal immigrants and is only a waiver if such an applicant can show evidence of hardship if separated from the family.
Reddy & Neumann, P.C. is an immigration law firm in Houston, Texas. For over 15 years, our firm has successfully represented corporate clients across the United States in their efforts to bring foreign workers and business professionals to the United States. Reddy & Neumann, P.C. is highly experienced in working with employment-based visas, adjustment of status, green cards, and PERM labor certification. From filing, through approval, and on to appeal, we do everything possible to ensure that your company can bring the best and brightest in the world to the United States.