Provisional Waiver Program Will be Expanded to Include Spouses and Children of Permanent Residents (not just of Citizens): Starting in March 2013, the spouses of U.S. citizens who need to apply for permanent residence but are not allowed to apply from inside the U.S. have had a new tool that allows then to seek immigrant visas abroad but without waiting abroad for years in the process. For people whose only obstacle to winning an immigrant visa the ten-year bar based on prior unlawful presence, the provisional waiver allows them to apply for a waiver, and then if it is approved, leave to go to a consular interview abroad. The alternative is waiting abroad not only for the consular interview, but also a waiver process that takes about a year. Now the Obama administrative is saying that spouses of permanent residents, as well as the sons and daughters of permanent residents, can use the provisional waiver process as well.
Another important change that is hinted at in the materials made available by the White House and the Department of Homeland Security is a “clarification” of the extreme hardship standard. We hope this means immigration officers will be instructed not to require a showing that a U.S. citizen spouse is suffering more than anyone has ever suffered before, but rather a more realistic standard will be reinforced.
Details are not yet available about these changes. The government will need to propose and publish regulations in the coming months.
U and T Visas: U visas are for the victims of certain crimes in the United States. This visa category requires an investigating agency to certify that the crime victim was cooperative and provided useful information. The U.S. Department of Labor (DOL) is one of the certifying agencies, and included in the administrative reform announcement is the fact that DOL will now certify for three crimes they previously did not. Those are extortion, forced labor, and fraud in foreign labor contracting.
Related to DOL’s commitment to investigate abusive workplace conditions is the announcement of a new Interagency Working Group that will seek ways to ensure workers are not simply deported when they complain.
T visas are for victims of human trafficking. DOL will also begin to issue certifications for trafficking victims that agency encounters in the course of workplace investigations.
Increased Access to Naturalization: Permanent residents applying for U.S. citizenship will now be able to pay the $680 filing fee by credit card. The government will also study the possibility of a 50% fee waiver for people whose household income is between 150% and 200% of the federal poverty guidelines. A full waiver of the fee is already available for applicants with a household income below 150% of that guideline.
Advanced Parole Clarification: DHS will soon issue detailed guidance clarifying that all agencies should honor advanced parole documents (aka travel permits) issued by the immigration service.
Parole in Place Expanded for Family Members of U.S. Armed Forces Personnel: The government will also implement new policies to extend the use of “parole-in-place,” e.g. parole issued to foreign nationals who were not lawfully admitted in the United States, as well as deferred action to spouses, children and parents of U.S. citizen and lawful permanent residents who are seeking to enlist in the U.S. Armed Forces. Currently parole-in-place is authorized only for family members of active military service members and veterans. The government will also explore the option to extend deferred action to current military service members and veteran family members who were lawfully admitted to the United States lawfully but are no longer maintaining valid immigration status.