There are over 11 million persons with unlawful presence in the United States. Some entered without authorization. Forty percent (40%) entered legally, but did not leave. These persons can benefit from regulations that will become effective on August 29, 2016. It is not a change in the law; just a change in the way the cases are handled.
Who Benefits from These Changes?
IF THEY HAVE A US Citizen or Legal Permanent Resident SPOUSE OR PARENT, the following persons – regardless of whether they entered without authorization or have an order of deportation or removal (so long as it has not been reinstated) – can get green cards (residency):
• Spouses and Parents of US Citizens
• Children of US Citizens (Whether Married or Not, Regardless of Age)
• Spouses of Permanent Residents
• Unmarried Children of Permanent Residents (Regardless of Age)
• Brothers and Sisters of Adult US Citizens
The spouses and children who accompany these persons also benefit.
What If They Don’t Have A USC or LPR Spouse or Parent?
In a roundabout way, these foreigners are also eligible if they have a US Citizen brother, sister, or child who is older than 21. Those US citizens can apply for their parent to BECOME a Legal Permanent Resident. Thus, the foreign sibling will have an LPR Parent and will qualify for this program; the foreign parent will have an LPR Spouse and will qualify.
What are the Steps?
A petition (Form I-130) must have been filed by the US citizen or LPR family member. Only an immigration attorney can determine whether petitions filed years ago are still serviceable.
For those with an order of deportation, an immigration attorney must file an I-212 waiver with US Citizenship and Immigration Services.
Fees must be paid to several agencies in the government. After that, an immigration attorney files a Provisional Waiver with Immigration. The grant rate nationwide is about 50%. Although we do not guarantee success, the grant rate at Blandon Law is over 90%.
After approval, the foreigner goes to an interview at an embassy abroad. Because the provisional waiver has been approved, the foreign national knows that the visa is likely to be granted. After entering the country using that visa, a green card is mailed to the foreigner’s US address.