The Department of Homeland Security (DHS) has issued a final rule, which will be effective March 4, 2013, that will allow certain family members of U.S. citizens who are physically present in the United States to remain in the country while applying for the waiver they need to become permanent residents.
The process change permits certain immediate family members of U.S. citizens (spouses, parents of citizens at least 21 years of age, and minor children) to apply for a provisional waiver of unlawful presence while remaining in the U.S., thereby cutting down on the lengthy waits-sometimes a year or more-during which these citizens are separated from their families during the process. To obtain the waiver, applicants would still need to meet the strict letter of the law which requires them to prove that family separation will cause their American citizen spouse or parent extreme hardship.
If the waiver is granted, the foreign national must still leave the U.S. and apply for and receive an immigrant visa abroad before returning to the U.S. However, the length of time that American families are forced to remain separated should be lessened considerably.
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