Welcome news today — U.S. Citizenship and Immigration Services officially registered its new proposed rule to remove some of the sting of the current I-601 waiver process.
We recently posted about a family that will be reunited after waiting nearly a year and a half for a waiver approval. Another case we gained approval for in March will allow a man to rejoin with his wife and three children after six and a half years apart. These approvals are hard-won, and the process is heart-rending for the families.
The issue is that most undocumented individuals have to leave the U.S. to regain lawful entry, and they automatically trigger a ten-year punishment when they leave. This is the case even for the parents and spouses of U.S. citizens.
Under the change proposed by USCIS the law would be unchanged but the process would become more bearable. Families could request provisional approval of a waiver before leaving the U.S. and thereby avoid the pain and uncertainty of separation.
There is a public comment period open from now to June 1, 2012. Details on the proposed change are at http://www.uscis.gov/provisionalwaiver and you can comment through Regulations.gov at http://t.co/gGv8ENMo . In the coming days we will post model comments as proposed by the Catholic Legal Immigration Network, Inc (CLINIC).