Proposal will shorten time spent away from families

President Barack Obama and the U.S. Citizenship and Immigration Services recently made an announcement that has the potential to affect tens of thousands of immigrants who are awaiting citizenship.

The proposal, posted as a Notice of Intent in the Federal Register by the USCIS, indicates that a policy will soon be enacted that will diminish the amount of time illegal immigrants have to spend away from their families and loved ones while seeking legal status.

Under current law, immigrants who enter the country illegally have to leave the United States between three and 10 years, the length of time depending on how long they have resided in the country unlawfully. Because this often proves to be a hardship on immigrants, their spouses and children, many apply for waivers in an effort to avoid the extended time away. According to the Washington Post, last year, 17,000 immigrants without criminal records were granted waivers out of the 23,000 who applied, after proving their families would undergo severe economic hardship because of their absences.

With the implementation of the new policy, immigrants would be able to stay with their families while the government decides whether or not to issue the waiver. Previously, waivers would only be considered if they were filed once the immigrant returned home to their native country and applied from there.

Should the waivers be granted, however, illegal immigrants would still have to return to their country to apply for an official visa so that they can return.

Alejandro Mayorkas, director of the USCIS, said the new procedure will be a benefit both to immigrants and customs authorities.

"We have seen cases of extreme hardship where the time of separation is quite lengthy and where that length of time results in an enduring hardship," said Mayorkas. "Not only will this proposal further the [Obama] administration's commitment to family unity, but the change would improve government efficiency by increasing the predictability and consistency of the application process."

He added the proposal will save time and cut waiting periods from months to weeks.

Advocates of the new policy, which will go into effect some time this year, said it will help encourage legal immigration, especially those who want to work in the country so that they can send money home to their families.

Helpful links:

U.S. Citizenship and Immigration Services on Twitter
USCIS – Notice of Intent