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Watson Law Offices Newsletter
January 2012
In This Issue
1. February 2012 Visa Bulletin
2. Significant Change to I-601 Waiver Process

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January 12, 2012
FEBRUARY 2012 VISA BULLETIN: EB-2 India and China Continue to Move Forward Dramatically!
Visa Bulletin

EB-2 India and China Jump Another Year! 

 

The U.S. Department of State has now published the latest Visa Availability dates for February 2012.    

 

The February 2012 Visa Bulletin sees movement in almost all categories.  

 

Applicants from India and China who fall into the Second Preference Employment-Based Category have seen the most significant movement over the last few Bulletins, and February will not be any different. The two categories are now "current" for applicants with Priority Dates earlier than January 1, 2010! The categories have moved forward a full year since the January 2012 Visa Bulletin.

 

As we alerted readers in an earlier newsletter, the Department of State predicted that there would be significant advancement in these two EB-2 categories into the early months of 2012.

 

We must continue to warn clients, however, that we do not believe that this forward movement will last for more than the next couple of Visa Bulletins. The government has clearly stated their intentions in "creating" advancement in these two categories. Drastic movement like this cannot be sustained without significant changes to the current system.

 

The government has confirmed that there could be forward movement for a couple of months, with retrogression very likely for the rest of the 2012 Fiscal Year.

 

Watson Law Offices Summary of the

February 2012 Visa Bulletin.

Significant Change in Waiver Process Helps Undocumented Family Members of U.S. Citizens
New Waiver Filing Process Aimed at Keeping Families Together

U.S. Citizenship and Immigration Services announced this week a significant change to the current process of filing Waivers of Grounds of Inadmissibility ("I-601 Waivers") on behalf of the spouses and children of U.S. Citizens. Most Americans believe it is easy to obtain permanent residency through a U.S. Citizen Spouse or Parent, but that is not true for all immigrants.

Many undocumented immigrants living in the U.S. are ineligible to obtain a green card without first leaving the country - even some who are married to U.S. Citizens or the children of U.S. Citizens. But that creates a big problem: as soon as these individuals leave the U.S. they automatically become subject to what are known as the "three or ten year bars,"  meaning that they cannot return to the U.S. for three or ten years, depending on how long they have lived in the U.S. illegally.

Certain family members of these immigrants may be able to file for a Waiver on their behalf. However, the Waiver will only be approved if a U.S. Citizen or permanent resident spouse or parent can prove that they will suffer an "extreme hardship" as the result of being separated from their relative.

Right now, you may only request a Waiver AFTER you have left the United States and the U.S. Embassy or Consulate in your home country has determined that you are not allowed to return. The Waiver Application then needs to be filed separately overseas with one of many USCIS Field Offices and can take several months to be processed. Even if the Waiver is approved, families can be separated from their husbands, wives, and children for a very long time. If the Waiver is denied, the relative cannot return until he or she has remained abroad for the full three or ten years.

Because of the long processing times and the incredible uncertainty involved in the process, many undocumented immigrants who otherwise would be eligible for permanent residency never attempt to obtain it. The risk of leaving the country is simply too high.

The current administration's solution to this decades long problem is to change the process to allow U.S. Citizen spouses or parents of some undocumented immigrants to file for these Waivers BEFORE their relative leaves the U.S. Click here to continue reading...
 

This is an effort on our part to reach out to our larger community of friends, colleagues, current and former clients and anyone interested in Immigration Law.  We expect there will be a strong push to make changes to existing Immigration Laws in the coming months and years, and we will try to keep our subscribers informed not only as to what changes are taking place, but how they are likely to impact everyone.


We welcome your input on what we should include, and how we should present this information. Please let us know what you think and what you would like to see.  Also, please share this email with anyone whom you think would be interested in and benefit from this information.


 

THANK YOU! 

 
Sincerely,


ROY WATSON
Watson Law Offices
142 Great Road
Bedford, MA 01730
(781)533-7700
 
The information you obtain in this newsletter is not, nor is it intended to be, legal advice, and persons receiving this information should not act on it without consulting professional legal counsel. We invite you to contact us and welcome your calls, letters and electronic mail.