New Immigration Policy for the Undocumented
If you are a undocumented spouse of an American citizen (can be a parent, also) and be able to demonstrate that the separation will cause extreme hardship can apply for a waiver while in the USA instead of returning to their country of origin and applying. Since the procedure takes a long time because they must appear for an interview and the State Department must determine if they are admissible, the new policy allows the undocumented spouse to remain in the US instead of being separated from their US citizen spouse.
Starting March 4th, 2013, the undocumented spouse can file Form I-601A, Application for Provisional Unlawful Presence Waiver. The form is available on www.uscis.gov. If the application is approved, a permanent residence status will occur but the person really must show there is an "extreme hardship" that will occur to the US citizen spouse. Typical documentation showing this is:
- Financial hardship and support of family
- Special needs of US citizen that the undocumented provides
- Illnesses, disabilities, extreme health issues
- A statement from the US citizen claiming why it is a hardship
There are 11 million undocumented people in the USA. The new reform creates a "probationary legal status", meaning, those need to pass a background check, pay a set fine for being undocumented (illegal) and pay all back taxes owed. Once this is completed, they would have to get in the back of line to get a green card. Students who graduate with a degree in science, engineering, technology or math, would get the green card because of their valuable skills.