Immigration Issues/Immigration Reform

Advertisement


Question
QUESTION: Let's say the new immigration reform was to be approved.

How would it affect the following:

A 22-year-old born American citizen wants to petition his mother. The mother is an undocumented immigrant who entered the country illegally. The father became a US resident in 2011. The father and mother are legally married.

If the immigration reform was to pass. How will it affect this family compared to the current immigration laws?

What would be the options for this family with the current immigration laws. (Assuming the current immigration laws stay the same.)

ANSWER: With info provided, the son may apply for his mother and process I-601 waiver under new regulations [as she would need that for unlawful presence.] See,

http://travel.state.gov/visa/immigrants/nvc/nvc_5837.html

The new reform - if approved - would only give the mother a work permit with expectancy of GC in about 10 years time.

It is recommended that you seek proper professional help in pursuing this matter, because of the complex situation and complexity of laws and regulations.

Best wishes,  

---------- FOLLOW-UP ----------

QUESTION: Thank you.

How long would it take for the mother to have her interview? (Approximately).

She would have to leave the country for a certain period of time after the interview correct?

Answer
It is new regulation regarding the waiver process; not many cases have been filed.  The mother would have to leave once the waiver is approved - might take about 4-6 months -, however meantime she may be eligible under the new reform if implemented.

Best wishes,  

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


AJAY SINGH

Expertise

Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.

Experience

Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Organizations
Member - AILA. Bar Council of India.

Education/Credentials
LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

©2016 About.com. All rights reserved.