QUESTION

i have heard that illegals that are married to citizens will be able to start their papers this year so i am wondering is it true ?

Asked on Jan 31st, 2013 on Immigration - Utah
More details to this question:
if this is true what are the guide lines and what do you need to do and when can you start.
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2 ANSWERS

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Most individuals who are unable to adjust status in the States, especially those who came in illegally, are being afforded relief through the Obama administration's I- 601A provisional waiver program which will begin accepting applications on March 4, 2013. The waiver program is for those who are excludable from the States because of their illegal stays for 180 days or one year which bar them from reentering the country for 3 years or 10 years respectively once they leave. Applicants must be immediate relatives of US citizens (parent, spouse, or child under the age of 21 and unmarried). A further restriction on children is that they must be at least 17 years of age to apply. Applicants  must be able to demonstrate in a waiver application that their permanent departure from the States would cause extreme hardship to a US citizen spouse or parent. Under pre-I-601A  law, individuals unable to adjust status in the US who chose to consular process their cases would first file form I-130 alien relative petition, and upon approval, consular process their cases overseas at which interview they would be refused immigrant visas and informed of their ability to file waiver applications. During the pendency of the waivers, they would have to remain outside the U. S. in a constant state of anxiety caused by uncertainty as to the result and the length of time that the waiver application would take to be adjudicated. The I-601A provisional waiver application allows applicants to remain in the States during the time of the adjudication and to go overseas to attend an immigrant visa appointment only if the waiver is approved.  
Answered on Feb 22nd, 2013 at 3:16 PM

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Immigration Law Attorney serving St. Louis, MO
Partner at CoxEsq, PC
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If you are referring to comprehensive immigration reform, we don't yet know the answer to that question.   If you are referring to the recently announced statesite waiver available for unlawful presence, then it is true.  If someone here without authorization is married to a US citizen, they can apply for a waiver of unlawful presence after March 4th while still in the US, but they would have to leave to US to obtain the waiver once it is approved.
Answered on Feb 01st, 2013 at 6:49 PM

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