New Immigration Law Change from President Obama

This past January, President Barack Obama announced a new immigration proposal that will affect many immigrants living in America.

Under the current law, if you or family members are in the United States illegally, they will have to go back to their home country to apply for a visa and come to the U.S. with legal status. This is very difficult for many families because sometimes, your illegal husband, wife, children, mother, father, or brother and sisters are the only ones who have a job. They’re the only ones who are able to pay the bills and support the family. In the immigration process, sometimes they must leave for up to 10 years at a time.

President Obama’s proposal will change the rule that people must go abroad to finish applying for a visa.

The new law introduces an easier and simpler way of keeping families together by letting people apply for a Hardship Waiver. Basically, a hardship waiver states that the person who is applying for immigration should not have to depart in order to complete the immigration process if that person’s family will suffer from the separation.

For example, let’s say your father is the only person in your family with a job and he has to support his wife and children. In this case, he wants to become a citizen so that his family can live in America without fear of being deported. But, if he were to apply for a visa, he would have to go back to his home country to attend interviews there. In this case, the new law would help keep your father at home with his family while he applies for a visa. He does not need to leave his wife and children alone in a foreign country. He can work and begin the citizenship process from right here in America.

Besides financial reasons, some families are dealing with more problems like health issues, diseases, mental problems, depression, anxiety, learning disorders, pregnancy, or any other serious problems. If your family is dealing with any of these, your case for a Hardship Waiver is even stronger.

If you or a close family member are here illegally and want more information about how to apply for a visa or green card without leaving the U.S., speak with an immigration attorney right away.

Please contact Immigration Lawyer Phillip Kim at (619) 752-5379 for more information about the Hardship Waiver.

Or visit him on the web: 

PKimmigration 

phillipkimlaw 

President Obama’s New Immigration Law and How It Will Affect You

Last week, President Obama announced new immigration legislation that gives hope to thousands of immigrants in the U.S. Under the new proposed rule, the process for applying for a visa will become easier for undocumented immigrants.

The current immigration law states that a child, relative, or spouse of a U.S. citizen is eligible for U.S. residence. However, certain rules make it almost impossible for families to stay together while a member applies for a visa. Under current laws, applying and being granted a visa usually takes 3-10 years, and you can only apply for a visa in the country where you are currently a citizen. For many families in America, this means that you may be separated from your loved ones: while your family remains in the U.S., you may be going through the visa application process alone in countries like Mexico, China, or India.

Sometimes, undocumented immigrants are put on “immigration hold” or deported and not allowed to re-enter the U.S. for several years. If you are here illegally for 6 months, you can be banned from returning for 3 years. If you live in the U.S. for more than a year, you will be banned for up to 10 years.

If your family is facing what the U.S. Citizenship Services calls “extreme hardship”, you can apply for a waiver that will let you apply for a visa even though you came to America illegally. For struggling immigrant families, this waiver is the only hope of keeping families together while applicants legally find a way to live in the U.S. permanently.

Unfortunately, you have to apply for the waiver in your country of origin. For example, if you are a citizen of Mexico, you must return there, prove that your family is going through extreme hardship, and then apply for a waiver. Some applicants do not hear back for over 6 months. In the meantime, their families struggle to make ends meet in the U.S.

Thankfully, President Obama has announced a legal path for families to stay together while applicants request a waiver. Under the proposed law, illegal immigrants will be allowed to apply for a waiver while living in the U.S. For financially struggling families or people who cannot return to their native country for extreme reasons, the new legislation will open the door to citizenship while keeping families together.

There are a few drawbacks in the proposal. First off, it might take a few months for the proposal to be applied as a law. Secondly, the proposal does not adjust the current immigration law. So unfortunately, applying for a visa or green card is still a lengthy process (although, once you are granted a waiver, you might be given a green card sooner than those without a waiver).

Despite these setbacks, the proposal is still a huge step in the right direction. It does not require congressional approval so it is highly likely that the proposal will be passed. And because it has increased hope in the hearts of thousands of immigrants, the proposal can already be seen as a success.

For more information about Obama’s immigration policy, contact Attorney Phillip Kim at www.pkimmigration.com or call (619) 752-5379 or visit him on the web for client testimonials and more information:

PKimmigration

phillipkimlaw