OBAMA ADMINISTRATION EXPANDS THE I601A WAIVER AVAILABLE TO RELATIVES SEEKING STATUS HERE.

President Obama is implementing this month a change in the law to allow various family members of U.S. citizens and lawful permanent residents to apply in the U.S. for a waiver required for obtaining their green card.

The new regulation expands the March 2013 change in the law that allowed spouses of US citizens to apply for their permanent residence and waivers of the 10-year penalty for unlawful presence inside the US even if they came here without a visa. The new rule expands this to all categories of family sponsorship.  This includes spouses of permanent residents and children of citizens or lawful permanent residents. 

It means that these immigrants who previously were waiting here unable to change status and afraid to risk going to the US Consulate in their home country to apply for a waiver, can now apply for their pardon here without risk.  

The change in the law was first announced in November 2014 but had to go through the lengthy public notice and comment procedure before being implemented. The Obama Administration change will be taking effect August 29, 2016.

Family members can now apply for a pardon in the US.

Under prior administrations, undocumented immigrants sponsored by a US citizen or resident had to apply for their waivers of inadmissibility outside the US, in their home country. Applicants risked being barred for 10 years from the US if their waiver was denied.  This risk kept many from applying at all.  Although this changed for spouses of US citizens in 2013, the pardon procedure in the US was not permitted for spouses of US residents or adult children of US citizens or residents until now. 

The new change allows these additional family members to apply for their pardon here through the US Citizenship and Immigration Services, while living with their family, avoiding lengthy family separation.  They still have to leave to get their green card, but they will know beforehand it will be approved after a few days or weeks in their home country– not the long and uncertain waits that have existed until now. 

For Mexican citizens, it will likely mean a trip to Ciudad Juarez for a week or two, instead of waiting there up to one year separated from family and work in the US.

Current Procedure and  New Change. 

The first step in the process is the American citizen or resident relative has to file a relative visa petition (form I130) for the intending immigrant.  This visa petition process takes about 6-9 months.  Then the intending immigrant applies for a pardon of the penalty. To obtain the pardon, the applicant must show extreme hardship to their US relative if the applicant is barred from the country for ten years.  If the pardon is approved, and all fees and documents have been submitted, then the immigrant is required to attend an interview at the US Consular post nearest their residence abroad.   

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CHRISTOPHER A. KEROSKY of the law firm of KEROSKY PURVES & BOGUE has practiced law since 1984 and has been recognized as one of the top immigration lawyers in Northern California for the seven years by San Francisco Magazine “Super Lawyers” edition.   He graduated from University of California, Berkeley Law School and was a former counsel for the U.S. Department of Justice in Washington D.C. 

WARNING: The foregoing is an article discussing legal issues. It is not intended to be a substitute for legal advice. We recommend that you get competent legal advice specific to your case.