US Government proposes change to reduce family separation

The US Government will today announce a proposal for change in migratory regulations that will reduce, in certain circumstances, the time of the separation of U.S. citizens and their husbands or sons undocumented while they stabilized his situation.

In particular, the change will benefit those families of dual status in which a father, mother or spouse of U.S. citizen can demonstrate that the prolonged absence your partner or your child to process in their country of origin a residence in the U.S. visa you acarreraría citizen "extreme prejudice".

Explained the director of the immigration service and customs of USA (USCIS), Alejandro Mayorkas, "this proposed regulatory change reduces significantly the time U.S. citizens spend separated from their spouses and children under certain circumstances as these families spend the process of receiving visas for immigrants" u000a"legal in the U.S.".

Currently, spouses or foreign children of U.S. citizens who must leave the country to deal with a residence permit are banned by law for years to return us if they have violated the immigration laws.

If they have incurred in an immigration violation for more than 180 days but less than a year, the law prohibited from re-entry in the U.S. for three years. If the irregularity has lasted more than one year, the ban stands in the ten years.

However, the Act provides an exception in those cases in which the American family demonstrates the absence of his son or spouse you would have an "extreme prejudice", whether economic, health or humanitarian.

In these cases, the family of U.S. citizen may require, once you are back in their country of origin, an exception ("waiver") to be allowed to return to the U.S. without complying with the ban. But even in u000aThese occasions, the wait is at least six months, sometimes more than one year.

Change that will be released today, explained a senior official who requested anonymity to speak before the official announcement, expected that these people can apply for the "waiver" on us territory, prior to travel to his country.

The USCIS will review his case and, if found valid, an exception be granted provisional.

Once in his country, the family in an irregular situation will be submitted to a consular interview. If no problems are detected, the permission will be firm and the person could return to us in a matter of weeks.

The requirements for receiving the "waiver" will not change with respect to existing ones. In addition to demonstrating the absence of a family in an irregular situation would cause extreme damage to the husband or American parent, this person must be had not committed more irregular than the migratory.

Shall be u000aLikewise, only child or spouse of an American. Other degrees of kinship, including parents of citizens, are excluded.

The U.S. Government intends to notify of a change in the form of notice of intent to be published today in the official register. After a period of consultation so that the public's views, the measure would become something definitive.

Although normally such actions take more than one year to put into practice, the Administration wants to process it quickly so that they can start processing the first cases this year.

Said the senior official, in fiscal year 2011 is 485.000 requests were received from U.S. citizens for their immediate families. That same year received 23,000 requests for "waiver".

The average approval of petitions for immediate family members is, according to the senior official, between the u000a85 and 90 percent.

The approval of applications for "waiver" average ranges between 70 and 80 per cent.

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