Immigration Coalition Responds to Administration’s Step Toward Uniting Immigrant Families

FOR IMMEDIATE RELEASE

DHS Announces Proposed Change to 3- or 10-Year Bar Waiver Processing

The administration announced today a proposal that would allow the Department of Homeland Security to process waivers inside the United States for certain immigrant visa applicants so that the applicants can remain united with their families. The proposed procedure is not expected to go into effect for at least several months.

Currently, U.S. citizens and lawful permanent residents (i.e., green card holders) face unnecessary bureaucratic hurdles in obtaining lawful permanent resident status for their spouse or child. Under current immigration law, certain immigrant family members must apply for an immigrant visa from outside the United States. If the family member has been in the United States for a certain period of time without permission, they may trigger a 3- or 10-year bar when they leave, preventing the person from being re-admitted to the United States, despite eligibility for a green card. If the individual can show that a U.S. or lawful permanent resident spouse or parent will suffer extreme hardship because of the 3- or 10-year bar, then a waiver may be granted.

Under existing policy, in these cases, the extreme hardship waiver can only be applied for outside the United States. The decision on the waiver often takes weeks, months or even over a year to be completed. Meanwhile, families are separated and spouses and children are forced to wait in a situation that creates extreme hardship until a waiver decision is made and their family member can return to the U.S. as a lawful permanent resident. The proposed rule would allow spouses and children of U.S. citizens to apply for the waiver and receive a decision before departing the United States. This new process will not be available to spouses and children of lawful permanent residents.

The Department of Homeland Security has only issued a notice that they intend to change the procedure to file an application for a waiver of the 3- & 10-year bars. There will be a several-month period for the public to provide comments on the proposed change before it goes into effect.

This proposed change will not make it easier to have a waiver granted. Community members should take caution against unscrupulous people who may attempt to sell this change as a guaranteed way for people to obtain their green cards.

The following is a statement from Ms. Chung-Wha Hong, executive director of the New York Immigration Coalition:

“Today’s announcement is a positive step toward bringing relief to immigrants and their families suffering as a result of our broken immigration system. We are pleased that the Obama Administration has heard our calls and addressed this unnecessary procedural obstacle to keeping some families together. However, there is much more the President can do. While today’s announcement indicates that the new procedures will apply only to spouses and children of U.S. citizens when they go into effect, we urge DHS to extend the same processing to the spouse and children of lawful permanent residents because they face the same obstacles and dangers when required to wait months abroad while their application is processed. And we must continue to fight for repeal of the 3- or 10-year bar so that families can remain together.”

Please see American Immigration Lawyer's Association FAQs on the newly proposed change and what it means HERE.

The New York Immigration Coalition will host a community education event open to the public on February 2, 2011 at 6 p.m., 137-139 West 25th Street, 12th floor, NY, NY 10001 to answer questions about the new policy and what it means for community members. To RSVP for the event, please email events@thenyic.org.

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