DHS Provides Relief for Separated Immigrant Families
The U.S. Citizenship and Immigration Services
(USCIS) have set forth the final ruling for the Provisional Unlawful
Presence Waiver as announced by Secretary of Homeland Security Janet
Napolitano yesterday. The original
ruling was published on April 2, 2012 which quickly received more than 4,000
comments, all of which were taken into serious consideration while developing
the final ruling. Secretary Napolitano
was quoted saying, “This final rule facilitates the legal immigration process
and reduces the amount of time that U.S. citizens are separated from their
immediate relatives who are in the process of obtaining an immigrant visa.”
The final ruling from the Department of
Homeland Security (DHS) implements the “proposed rule to amend its regulations
to allow certain immediate relatives of U.S. citizens who are physically
present in the United States to request provisional unlawful presence waivers
prior to departing from the United States.”
One of the most significant benefits of the ruling is the amount of time
U.S. citizens will spend separated from their immediate relatives will be
greatly reduced.
In order to
comply with the consular immigrant visa process, the immediate relatives will
still have to depart from the United States but will be able to now apply for a
provisional unlawful presence waiver prior to leaving. The applicant will still be required to
participate in their immigrant visa interview abroad as well as notify the Department of State’s National Visa Center,
stating they are seeking a provisional waiver from USCIS. The final ruling aims to help those currently
affected by the process in addition to having “a significant impact on America
families by greatly reducing the time family members are separated from those
they rely upon,” as stated by USCIS Director Alejandro Mayorkas.
Labels: DHS, immigration, immigration law, USCIS
posted by Form I-9 Compliance News @ 2:58 PM
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