In the latest news at the U.S.C.I.S. confirmed that the final regulation on the I-601A provisional waiver will be published within calendar year 2012. As most readers are aware, the I-601A provisional waiver will be implemented by regulation, and will not require passage of legislation by Congress, making it almost certain to become law. This Obama initiative is available to immediate relatives of U.S. citizens (parents, spouses, and children under the age of 21 and unmarried) whose only disability to adjustment of status in the U.S. is their illegal stay. While still not allowing for adjustment of status, the I-601A program would allow the above individuals to file for a waiver of the 3 or 10 year bar against return because of their illegal stay while they are here in the U.S. and before they make a final decision to go overseas for an immigrant visa interview. If the waiver is approved, they would complete their immigrant visa process by interviewing at an American consular post in their home country. Given that the waiver would be approved prior to interview, the interview would in all likelihood be routine. One may ask whether the program is still attractive given the Republican Party’s recent misgivings on opposing comprehensive immigration reform (CIR) and the possible passage of legislation in the future to resolve the immigration situations of undocumented immigrants in the States. The difficulty with waiting on CIR is the uncertainty of passage, the timeline, and the final shape of the legislative package. Additionally no recent CIR proposal has contemplated putting undocumented immigrants ahead of those already in the line, with that line including siblings of U.S. citizens under the F-4 category, which is presently backlogged 11 years. The estimated time for I-601A applicants to receive permanent residence would be one-two years.
Respectfully,
Thomas Geygan, Jr.
8050 Hosbrook Road Suite 107
Cincinnati,Ohio-45236
Phone: 513 791 1673
Fax: 513 791 1683
Email:ThomasJr@geygan.com