New Proposed Rule Would Decrease Time Abroad for Many Consular Processing Cases

On Friday, Alejandro Mayorkas, the director of United States Citizenship and Immigration Services, announced a proposed rule which could help thousands of families seeking to legalize the immigration status of one of their members.

Currently, if a person present in the United States entered the country without being inspected, she must leave the country in order to gain lawful permanent resident status based on the petition of a spouse or other immediate family member. As soon as they leave the United States, their previous unlawful presence triggers a 3 or 10 year bar to their return. So when they are abroad in their home country, they must file for and obtain a waiver of their unlawful presence bars before they can return. In order to obtain the waiver, they must establish that their absence from the United States is causing "extreme hardship" to their qualifying family members in the United States who are U.S. citizens or lawful permanent residents.

The problem is that the adjudication process for these waivers can sometimes take a year or longer. So at a minimum, the families face a long period of separation while trying to become legal. And of course, there is no guarantee that the waiver will be approved after the long adjudication.

If implemented, the new proposed process would allow those seeking to legalize their status through consular processing to submit their waiver applications for pre-approval before leaving the United States. While such applicants would still have to leave the United States to receive their status, the new process would have the potential to drastically decrease the time that they are abroad away from their citizen spouses and families.

As of now, the new rule is just a proposal and has not been implemented. There is no date certain for implementation. Also, it appears that the new pre-approval process would only be available for the waiver of unlawful presence bars. Those who also need waivers for bars triggered by criminal convictions or past fraud would have to continue to follow the old process where their waivers are submitted and adjudicated abroad.

Click Here to see the New York Times Editorial

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New Design of the I-551 Permanent Resident Card / "Green Card"

On May 11, 2010 the United States Citizenship & Immigration Service announced the new design of the I-551; Permanent Resident Card or “green card.” The card or document serves as identification for millions of United States Lawful Permanent Residents and is immeasurably valuable to those who have traversed the maze of immigration laws to be granted permanent resident status.

The “green card” has not actually been green in color since its original inception when it was a green paper document given to immigrants as evidence of their status. It has been through many variations and incarnations over the years and finally has come full circle and will be green again. The new color is among many changes to the document in an effort to thwart counterfeiting, and will be issued to all new lawful permanent residents beginning in May.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79bd3893c4888210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

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