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New Immigration Policy Aims To Limit Family Separation

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Aired 1/2/13

A change to waiver procedure stands to help immigrant families stay together.

The intention of the new rule is to limit family separations during the immigration process.

— Federal authorities announced a new policy Monday to help some families stay together during the immigration process.

The change addresses the fact that some undocumented immigrants who marry U.S. citizens, or have parents or children who are U.S. citizens, face a dilemma when it comes to legalizing their own status.

Under certain conditions, the only way these immigrants can gain a green card through their U.S. citizen relative is to go back to their home country, and apply at a U.S. consulate office from there. But once these immigrants leave the country, they can be barred from coming back in for years.

If they can prove separation from a U.S. citizen family member will cause extreme hardship, they can get a waiver to come back sooner, but it still takes several months.

The new Department of Homeland Security rule, which is set to be published to the federal register on Jan. 3 and takes effect in early March, seeks to reduce that family separation by allowing immigrants to apply for those hardship waivers from the U.S.

“This new process facilitates the legal immigration process and reduces long periods of separation between U.S. citizens and their immediate relatives,” said U.S. Citizenship and Immigration Services Director Alejandro Mayorkas in a media conference call.

Under the new rule, this category of green card applicant would still have to travel to their home country to apply, but their time away would be reduced from months to weeks.

Mayorkas said he does expects this change will increase the number of applications for green cards and hardship waivers, but he did not have an estimate by how much. He said his agency would monitor the flow of applications received to determine if additional staffing will be necessary.

In the past few years, between 22,000 and 25,000 immigrants have applied on a yearly basis for these hardship waivers from abroad. Last year, 88 percent of applicants were granted a waiver.

The number of past applicants suggest that tens of thousands of families could stand to benefit from the rule change.

The change to the rule was formally proposed in April 2012, and was open to public comment.

While some immigrant advocates had suggested in those comments the rule should be expanded to include the relatives of legal permanent residents and other categories of immigrants, DHS did not rule out such a possibility in the future.

The text of the rule states: "After assessing the effectiveness of the new provisional unlawful presence waiver process and its operational impact, DHS, in consultation with DOS and other affected agencies, will consider expanding the provisional unlawful presence waiver process to other categories."

Comments

Avatar for user 'lgjhere'

lgjhere | January 3, 2013 at 11:04 a.m. ― 1 year, 10 months ago

A new book/ebook explains the role, struggles, and contributions of immigrants and minorities: "What Foreigners Need To Know About America From A To Z: How to understand crazy American culture, people, government, business, language and more." Endorsed by ambassadors, educators, and editors, it paints a revealing picture of America on numerous subjects for those who will benefit from a better understanding. Immigrants and the children they bear account for 60 percent of our nation's population growth and are 60 percent more likely to start a new business than native-born Americans. It identifies "foreigners" who became successful in the US and contributed to our society. However, most struggle in their efforts and need guidance. Perhaps intelligent immigration reform, concerned citizens and books like this can extend a helping hand.
Here's a closing quote from the book's Intro: "With all of our cultural differences though, you'll be surprised to learn how much our countries—and we as human beings—have in common on this little third rock from the sun. After all, the song played at our Disneyland parks around the world is 'It's A Small World After All.' Peace." www.AmericaAtoZ.com />

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Avatar for user 'Brittanicus'

Brittanicus | January 3, 2013 at 3:20 p.m. ― 1 year, 10 months ago

TAXES FORCED FROM YOU TO SUPPORT ILLEGAL ALIENS.

Republican Congressman Lamar Smith's breakthrough bill (LEGAL WORKFORCE BILL) H.R.2885 is filled with innovations to drive out illegal aliens from labor force, including mandatory E-Verify. For a while it was actually moving in Congress, now the whole policy has gone silent. We really need the Public to yell at their politicians in the state and federal offices, to make this bill a law. A good friend of mine who has three state licenses and two federal licenses for commercial air conditioning and heating has his hands tied because of the weight of Rules and Regulations. In the past his experience would earn him around $5.000 for installation, but now the same job would carry a charge of $15.000. In California he could be heavily fined and lose his license if the stringent laws were not applied. So what has happened, foreign nationals have slipped into this work, without bond or insurance, without the appropriate licenses and stealing legal contractors jobs without undue worry. Pass a well organized and a thoroughly vetted Guest Worker program that must leave on expiry of documentation. Bring to America a limited number of (STEM) workers, who are categorized as high on the career ladder of professional Scientists, Technological, Engineering and Mathematicians. But we MUST exempt the human penniless parasites that come here to live of the taxpayers.

WE MUST STOP COMPLAINING AND STAND UP FOR THE FUTURE OF OUR CHILDREN AND GRAND CHILDREN.

To further expedite the removal of illegal aliens is a bill that would eliminate (BIRTHRIGHT CITIZENSHIP) H.R. 140 for children born to illegal aliens in the U.S as introduced by Rep. Steve King, R-Iowa. Current U.S. law automatically merits the smuggled children have a fabricated right to citizenship. Each year hundreds of thousands annually gain entry into the country for the very express purpose of creating a U.S. citizenship baby, which can become a conduit for many other family members. The U.S. is about 235 years old and in that time when someone was born in the United States they were instantly a U.S. citizen. The 14th amendment was to award the children of slaves and their descendants after the Civil War, not a doorway for foreign children to gain citizenship. The United States offers food stamps, aid to dependent families and free education to citizen children of other nations. Mothers come here to have a child-birth for free and then collect a lifetime of welfare payments. Now a new reality is upon us, with a high population in this nation and with a growing number of impoverished Americans. This country already is unable to properly take care of its itinerant populace, yet Washington keeps encouraging more and more illegal aliens for the benefit of unconcerned business owners.

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Avatar for user 'Brittanicus'

Brittanicus | January 3, 2013 at 3:22 p.m. ― 1 year, 10 months ago

Both bills need recognition and swiftly moved through committees and read on the House floor and then the Senate. Without these two dormant bills are being enacted hundreds of billions of dollars are being appropriated from your payroll checks, for people who remain here illegally.

As I have repeated many times the financial implications for another Path to Citizenship or so named Amnesty is incredulous. The Heritage Foundation after analyzing such a gigantic undertaking has placed the price tag at $ 2.4 TRILLION DOLLARS. Obama must be out of his mind to even suggest yet more spending on the illegal aliens, as to do so is just going to drive more disadvantage people to this country even before such a imbecilic decision is made law. We cannot even get this Congress to sever spending when just the U.S. treasury 16 Trillion dollars and climbing is likely to go forward to the next level. Isn’t it time Washington politicians respect the laws already in the Federal Registry? They all should be tarred and feathered accept for a small minority, who believe in the “Rule of Law” and try to vote accordingly. We need more TEA PARTY representatives in the Congress, which are true to their word and will carry out the wishes of all THE PEOPLE. Our country is annually being placed on a slave auction block so lawmakers can offer special favors to the elites and all the special interest groups.

If you want further advice and information and are ready to investigate the lies of both the Democrats and Republicans, check out TEA PARTY, NUMBERSUSA, ALIPAC, JUDICIAL WATCH, FAIR, VDARE and AMERICAN PATROL. The American people should realize it is time for Public Campaign Contributions and not the theft of our liberties by the special interest groups of moneyed lobbyists, the wealthy, big unions, foreign governments, The United Nations, corporations (Domestic and International) and a whole range of other entities wrecking the tenets of this sovereign nation.

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Avatar for user 'Missionaccomplished'

Missionaccomplished | January 4, 2013 at 6:43 p.m. ― 1 year, 10 months ago

This is for Brittanicuss, a little info about unFAIR:

[PDF]
Is FAIR Unfair? - ADL
www.adl.org/civil_rights/is_fair_unfair.pdfFile Format: PDF/Adobe Acrobat - Quick View
Is FAIR Unfair? The Federation for American. Immigration Reform (FAIR). Anti-Defamation League, 823 United Nations Plaza, New York, NY 10017 www.adl.org .

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Avatar for user 'Missionaccomplished'

Missionaccomplished | January 4, 2013 at 10:34 p.m. ― 1 year, 10 months ago

Brittanicuss, why don't you start doing some research into the subject instead?

RAND Study Shows Relatively Little Public Money Spent Providing ...
www.rand.org › News and Events › News Releases › 2006Nov 14, 2006 – Just a small fraction of America's health care spending is used to provide ... undocumented immigrants, according to a RAND Corporation study

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Avatar for user 'Missionaccomplished'

Missionaccomplished | January 4, 2013 at 6:41 p.m. ― 1 year, 10 months ago

The Heritage Foundation. LOL

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