The Obama administration announced that it will propose a rulemaking to change the procedure in applying for waiver of unlawful presence. The proposed rule will allow an alien to file an I-601 waiver in the US and wait for approval before departing the US to process the green card at the US consulate. Under the current law an alien who needs a waiver for unlawful presence will have to depart the US and apply in his home country. The present procedure is risky because (1) there is no assurance that the waiver application will be approved (2) If the waiver is denied the alien is barred from entering the US for 3 to 10 years (3) the approval process takes time and it could take years while the alien is separated from his family in the US.
Question: Who will benefit from the proposed rule?
Answer: The immediate relatives of US citizens (spouse, parent and children) who have an approved visa petition and will need a waiver of unlawful presence will benefit from the proposed rule. Qualifying relatives must be US citizen. Lawful permanent resident relatives do not qualify under the proposal. In addition, the alien has to prove that the qualifying relatives will suffer extreme hardship if the waiver is not approved. The following aliens will benefit under the proposal:
• Aliens who entered the US without inspection (EWI) and have no Sec. 245(i) eligibility. To be eligible under Sec. 245(i) alien must have an immigrant visa petition or labor certification filed before April 30, 2001.
• Aliens who entered as a crewman (C or D visa) who have no Sec. 245(i) eligibility.
• Aliens who entered as Fiancée (K-1) who did not adjust status based on the petition by the US citizen who petitioned him or her as a Fiancée.
Question: Who do not need a waiver of unlawful presence?
Answer: Aliens who are immediate relatives of US citizen (spouse and parent) who entered the US with a valid US visa such as visitor’s visa, student visa, and H-1B visa who have an approved family petition do not need a waiver even if they overstayed their visa for more than one year.
Question: How long will it take for the proposal to be implemented?
Answer: It will take some time but we are expecting it to happen by the end of 2012. In the meantime it is best to prepare before this will be implemented.
Note: This is not a legal advice.
Bankruptcy news
• If you are being sued by your creditors, most money judgment can be eliminated in bankruptcy.
• Collection actions continue and you can be sued if you are in debt settlement.
• Chapter 7 will eliminate all unsecured debts. If you are near retirement age, you must eliminate most of your debts.
• Bankruptcy will stop foreclosure actions. If your trustee sale date is 10 days before, you can still file for bankruptcy.
• If your salary is being garnished, you have a court case about debts or you are being harassed by creditors, bankruptcy can stop garnishment, court cases, harassing creditors and eliminate the debt.
• Bankruptcy is cheaper, faster and safer than debt settlement which has no guaranteed success.
• Preserve your health, eliminate stress and live a happy life by eliminating your debts which is the root of all problems.
Immigration news
• On December 22, 2011, we received an approval of a waiver of misrepresentation from the Immigration Court for an alien who entered as single but actually married.
• On November 7, 2011, we received an approval from the Immigration Court for waiver of misrepresentation for a person who entered the US as single but is actually married. The person can now apply with naturalization.
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Crispin Caday Lozano is an active member of the State Bar of California and he specializes in immigration law. His offices are located at 17057 Bellflower Blvd. Suite 205, Bellflower, CA 90706 and 1290 B Street, Suite 205, Hayward, California 94541 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone (562) 461-1355 and (510) 538-7188.
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