Spouses and children of US citizens who are applying for a visa in their home country an request a waiver in the United States starting March 4, 2013
BAKERSFIELD (January 7, 2013) The UFW Foundation applauds the final rule published last week by the Department of Homeland Security (DHS) regarding waivers of inadmissibility for certain immigrant relatives of U.S. Citizens. In an effort to educate the community, the UFW Foundation will be hosting free information sessions to provide information to the community about the change.
The DHS rule change, first proposed in January 2012 and the subject of a lengthy comment and review process, will benefit the spouses, children, and parents of American citizens who have overstayed their visas or who have remained in the United States after an unlawful entry. In order to win a waiver and immigrate to the United States, applicants must prove through a waiver application that their inability to obtain permanent resident status would cause extreme hardship to a U.S. citizen spouse or parent. Under the new rule, certain family members of American citizens who require waivers of the three-or ten-year bars will still have to return to their home country to a U.S. consulate for processing, but will be able to apply after March 4th to have their hardship waiver adjudicated in the United States. The change will allow applicants to request the required waiver before departing the U.S, thereby reducing the amount of time that applicants must be separated from their families during the waiver process.
In a departure from the original proposal, the Department of Homeland Security announced last week that it will allow applicants to re-apply for a provisional waiver if their initial application was denied on the first attempt. This change was allowed in response to concerns about immigrants receiving “inadequate, erroneous, or unscrupulous legal assistance” resulting in the denial of their application. While applicants will be allowed to re-apply if their case is denied, the UFW Foundation reminds applicants to seek advice only from qualified attorneys or community organizations recognized by the Board of Immigration Appeals (BIA).
The UFW Foundation is a BIA-recognized immigration program that offers immigration legal services to low-income families in California and Arizona. The UFW Foundation’s immigration program assists its members in the preparation of immigration forms, including family petitions and hardship waivers, and provides information to the community about immigration laws. The UFW Foundation will be hosting a series of free informational events to explain the new waiver process and help potential applicants prepare to apply. The first session will be held in Bakersfield at 6:00PM on January 23rd at the UFW Foundation office at 220 18th Street Bakersfield, CA and on Wednesday, January 23rd in Phoenix, Arizona at 6:00pm. Another session will held in Salinas at 6:00PM on Thursday January 24that the UFW Foundation office at 437 E. Alisal Street. RSVP are recommended for both events.
If you have any questions regarding this information or would like to speak to one of our immigration experts for comment, please contact: Richard Gorman, (661) 324-2500, elomeli@ufwfoundation.org
Upcoming Informational Sessions on “Visa Waiver”
Bakersfield, CA
Tuesday, January 23, 2013
220 18th Street Bakersfield, CA
Time: 6pm
For More Information: (661) 324-2500
Phoenix, AZ
Tuesday, January 23, 2013
Location: TBD
Time: 6pm
For More Information: (602) 889-0933
Salinas, CA
Wednesday, January 24, 2013
437 East Alisal St. Salinas, CA
Time: 6pm
For More Information: (831) 758-2611