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White House eases path to residency for some illegal immigrants

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WASHINGTON — The Obama administration eased the way Wednesday for illegal immigrants who are immediate relatives of American citizens to apply for permanent residency, a change that could affect as many as 1 million of the estimated 11 million immigrants unlawfully in the U.S.

A new rule issued by the Department of Homeland Security aims to reduce the time illegal immigrants are separated from their American families while seeking legal status, immigration officials said.

Beginning March 4, when the changes go into effect, illegal immigrants who can demonstrate that time apart from an American spouse, child or parent would create “extreme hardship,” can start the application process for a legal visa without leaving the U.S.

Once approved, applicants would be required to leave the U.S. briefly in order to return to their native country and pick up their visa.

The change is the latest move by the administration to use its executive powers to revise immigration procedures without Congress passing a law. In August, the Obama administration launched a program to halt the deportation of young people brought to the U.S. unlawfully as children.

The new procedures could reduce a family's time apart to one week in some cases, officials said. In recent years a few relatives of U.S. citizens have been killed in foreign countries while waiting for their applications to be resolved.

“The law is designed to avoid extreme hardship to U.S. citizens, which is precisely what this rule achieves,” said Alejandro Mayorkas, director of U.S. Citizenship and Immigration Services, in a statement. “The change will have a significant impact on American families by greatly reducing the time family members are separated from those they rely upon,” he said.

Until now, many immigrants who might seek legal status do not pursue it out of fear they will not receive a "hardship waiver" of strict U.S. immigration laws: An illegal immigrant who has overstayed a visa for more than six months is barred from reentering the U.S. for three years; those who overstay more than a year are barred for 10 years.

The new rule allows those relatives to apply for the waiver without first leaving the U.S.

Source: http://www.chicagotribune.com/news/la-pn-obama-illegal-immigration-residency-20130102,0,2322646.story

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Solutions that make people return to their place of birth is extremely dangerous.

For one, there's no guaranteed time that you will be returning right away. It can take months! Even a year and that's something they don't tell you.

Second, a lot of people think because you live in the US you are rich which can lead to be robbed and/or killed.

While this is a great opportunity, it is also risky and I don't think it is worth it.

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this "new" rule has been around for years and years. proving the extreme hardship is the hard part in the whole thing.

there are 2 ways to apply for it. while said person is in the US or while said person is outside of the US. the process is hard and that is why not a lot of people apply for it.

i wish the White House would stop taking old ideas and make them sound "new" it helps no one.

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Yuppiiiii praise the Lord!!!!! I'm so excited about this.From what I've read if your approved this reduces the time from years to just a few months.I do not mind going back to my place of birth I'm actually glad because I will get to see my family and vacation while I'm there.I'm not afraid of all the violence over there.If its my time to go then being here or there wont make a diffrence.Thank you Lord!

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What about people who got accepted? (EAD)

i think this only pertains to those who have a USC or PR parent or spouse.

unless you have a parent who has filed an I-130 for you and can apply for a visa, then I think DACA is (sadly) your best option.

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What if they deny ur waiver?

then one would probably be subject to the 3 to 10 yr ban when one leave the US.

what the waiver does is, waive the ban for someone that needs to leave the US in order to obtain their visa

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This is ONLY for Immediate Relatives of an US Citizen. To qualify you need an approved I-130.

The hard part is proving extreme hardship.

The Waiver will be decided while you're in the us, once approved, you just have to travel to get your visa which in some places it's given in matters of hours or 10 days max. IF you're DENIED, nothing happens unless you have a public safety or moral danger to society then you'll get deported. This Waiver is only for the 3/10 yr rule.

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Another fast way to adjust your status without the need of the waiver is if you been approved for DACA. 18yrs of below or a spouse of an us citizen & have an approved I-130, you can apply for Advance parole under humanitarian reason then if AP is issue then you can travel & come back & you can AOS in the US.

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