As reported extensively over the last two weeks, and in a way that was grossly misunderstood by the average person, the Obama administration plans to issue a regulation that would address a long-standing problem in immigration law—a Catch 22 created by requiring the spouses and children of U.S. citizens who entered the country unlawfully to depart the U.S. before completing the processing of their application for lawful permanent residence. The trouble is that once they leave the country, they are subject to a three or ten year bar for unlawful presence and need a waiver to get back into the US earlier than the 3 or 10 year bar would allow. The new proposal would allow them to submit the waiver application to the USCIS in the United States and receive a decision before departing the U.S., thus reducing the time, anxiety, and sometime danger inherent in waiting abroad for a decision. This Catch-22 is one of the most notorious pro...
Our Globally Recognized Team of Immigration Lawyers Shares Our Knowledge and Provides Counsel on Immigration Issues that Affect You, Your Business and Your Family