Wonderful news for all those immediate relatives who qualify for a waiver but have avoided pursuing one due to the long waits outside of the U.S. and the uncertainty of being away from your family for a long time! USCIS is going to publish today the implementation of a process which will allow immigrants who are classified as immediate relatives – spouses of US Citizens, Parents of US Citizens who are 21 or over, and Children under 21 yrs of of US Citizens – these immediate relatives will be able to file the paperwork for the waiver (perdon en espanol / pardon in Spanish) for unlawful presence. Up until now, this waiver could only be filed for once outside the U.S., and the processing wait times at embassies and consulates often took well over 6 months, and sometimes over 1 year to decide. Even then, sometimes the waiver was denied and the person left outside the U.S. with no way of coming back in until they wait 10 years.
Now this waiver is only for unlawful presence. You absolutely must make sure you qualify for it. Some people who have multiple entries into the U.S. will not qualify, nor will people with prior deportations. Also, if you need a waiver for criminal convictions, those waivers are still going to require to be processed at the consulate. I absolutely encourage anyone who think they may qualify to talk with a experienced Immigration attorney. The waiver process is not easy, and is much more complicated than merely filling out a form. With so much at stake, and the high cost of filing, you don’t want to risk a denial and the chance at being with your family ! This is the opportunity many have been waiting for, for over 10 years. You have been patient, now is the time to be thorough, and sure that it is done right.
We look forward to meeting with any and all of you who qualify and hopefully we will soon be celebrating your permanent residency!