Love Can’t Wait !


As US Citizen or Permanent resident of USA (LPR), an individual is entitled to bring his foreign family member in USA. Immigration Nationality Act (INA) lays out categories of immigrants who may be admitted. These categories are: immediate relatives which are spouses, parents, and children of United States Citizens. Note that the son or daughter has to be at least under 21 years of age and unmarried. See INA 201(b) (1). The other category is close relative of US Citizen or permanent residents which are divided into several groups called preference categories. See INA 203(a)

Immediate relatives of a U.S. citizen can immigrate to the United States without being subject to any numerical restrictions. Unfortunately, unlike immediate relative who can immigrate without being subject to the quota or numerical restriction, the wait time for the second group of immigrants have caused major problems. The most obvious problem is the hardship of long separation especially in the parent-child relationship. One who consults an immigration Attorney to bring his family in USA get basically some predictions in the likely waiting time when it comes to these preference categories. See Stephen H. Legomsky & Cristina M. Rodriguez, Immigration and Refugee Law and Policy, 263 (ed. Foundation Press 2009)

We are hoping that current developments in Comprehensive Immigration Reform (proposed in both House and Senate in 2013), which mostly addressed these issues will pass in the near future. Another relief that will also be welcomed is the recent proposal rule regarding provisional waiver. Under the proposed rule, according to US Citizenship and Immigration Services (USCIS) Website, USCIS may grant a provisional waiver to foreign nationals and a waiver of inadmissibility based on unlawful presence if they are statutorily eligible for an immigrant visa. Moreover, the proposed rule also would expand who may be considered a qualifying relative for purposes of the extreme hardship determination to include lawful permanent resident spouses and parents. See http://www.uscis.gov/news/alerts/uscis-seeks-comments-proposed-expansion-eligibility-provisional-unlawful-presence-waivers

Let Wait and See! Because Love cannot wait.



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