USCIS has issued advance notice of its intent to allow concurrent filing of the I-130 petition and the hardship waiver for spouses of U.S citizens who are inadmissible to the U.S. only because they have lived here illegally for more than a year. This is a major development because it will significantly shorten the time the families are separated.
Under the current process, the hardship waiver does not get filed until after the I-130 interview at the consulate. Sometimes the hardship waiver cannot be filed for 6-8 weeks after the interview. Once filed, the applicant then has to wait for 3 to 15 months until a decision is made. If the waiver is approved, there might still be another 2-3 months until the applicant can finally re-enter the U.S. In the best case scenario (i.e. filing the waiver in Mexico), families are separated for about 5 months. If the applicant is from any country other than Mexico, the time apart is usually at least 15 to 18 months.
Under the new process, the hardship waiver will be filed at the same time as the I-130 petition. The applicant still will have to leave the U.S. for the I-130 interview at that consulate, but the hardship waiver will have been approved already so families will be separated for just 2-3 weeks, a much more manageable situation.
This is a sensible initiative. Not only because it help families avoid the emotional trauma of separation but because it also helps families (and the government) avoid severe economic hardship. Separation of families often forces the US citizen spouse to rely on public benefits, particularly FoodStamps and childcare assistance because household income has dropped dramatically. The government can ill-afford to have even more people on public benefits and this helps to avoid that.
This initiative gives incentive to people to sort out their immigration status. That's smart.
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