Obama proposes to "relieve" the suffering of citizens shortening undocumented family separation.
"The administration of President Barack Obama proposes changes that would benefit close relatives of U.S. citizens who are undocumented."
These families may submit a waiver application to legalize their immigration status, according to the Department of Citizenship and Immigration Services (USCIS).
So that immigrants married to U.S. citizens and forced to leave the country to regularize their status, could return in less time to follow this process of legalization, said the bureau Notimex news agency in Washington.
Change, which could enter into force this year, will allow these undocumented migration application forgiveness before leaving, and in cases if that qualify, get even a provisional pardon to return immediately to United States.
"The new process will alleviate the extreme affectation that a U.S. citizen suffers due to the prolonged separation from family members," said Alejandro Mayorkas, head of the Immigration and Naturalization Service (USCIS).
Notably the persons would be allowed to enter only on clean character and no criminal record. Moreover if one found guilty would be listed to ban forever. Some critics say the current proposal would only benefit more illegal immigrants and also marriage frauds.
Likewise presently those who have no proper documentation are subject to leave United States immediately for three to ten years. After that they will be eligible to apply again which is based on their previous illegal stay time in states. As for previous year over twenty thousand applicants tried pardon for states but only seventeen thousand get approvals.
The change would impact favorably on the most typical cases corresponding to the matrimonial intentions of citizens with an undocumented immigrant.
Currently, spouses and children of U.S. citizens who have accumulated a certain time of illegal stay and must leave the country as part of a process of legalizing immigration is expected punishments of 3 to 10 years.
However they can receive a pardon allowing them to return with their families provided they prove that their family in U.S. will suffer extreme impairment as a result of the separation.
Under the current process, undocumented family members must leave the United States to have an interview at a consulate in their home country, where a consular officer will determine their admissibility, and only then apply for a waiver to USCIS.
The ineligibility to return automatically is activated once the family leaves the country.
When requesting a waiver, the case is turned over by the State Department to the USCIS to determine whether or not, and then returns to the State Department.
Typically, the time it takes the USCIS to adjudicate the forgiveness is six months or more, so that the period of separation of families is long, sometimes up to 18 months.
In cases where provisional pardon is granted, the family will leave the United States for consular interview and can return to the U.S. in less time, streamlining the process and shorten the separation.
During fiscal year 2011 there were over twenty three thousand applications submitted for pardon, and in accordance with government officials, on average between seventy and eighty percent are approved.
The proposal must be submitted to a public consultation period before entering into force, but the official insisted that the intention is to start implementing it before.