Before 2013, if an undocumented immigrant wished to apply for a green card, he or she had to leave the United States and apply from his or her home country.  This problem often came up when a green card holder or an American citizen wished to sponsor a spouse, but the spouse entered the United States illegally.  Under the law, the undocumented immigrant had to leave the United States, return to his her home country, and apply from there.  In addition, because that person entered the United States illegally, a penalty of three to ten years was imposed before that person could reenter the United States depending on how long the person was illegally here.

Under the Family Unity Waiver, the undocumented immigrant could apply at his or her home country for an exception to the rule about being barred from reentry for a period of time.  Such a waiver is granted only if the applicant proves that the absence of the undocumented immigrant from the family in the United States would be a hardship to the family.  During 2012, approximately 25,000 people applied for the Family Unity Waiver, and about 88% of those requests were granted. 

Many undocumented immigrants did not apply for the Family Unity Waiver because of the requirement that they first had to return to their home countries.  The process took approximately a year, and, if the waiver was denied, the undocumented immigrant was barred from reentry to the United States for 3 to 10 years. Many people preferred to stay in the United States illegally than risk denial of the waiver and being unable to join their families. 

The Obama administration has made a significant change to the process.  As of the beginning of January, a new rule issued by the Department of Homeland Security permits undocumented immigrants to apply for the Family Unity Waiver without leaving the United States.  If granted the waiver, the undocumented immigrant must still return to his or her country of origin.  However the time out of the United States will be reduced from about a year to as little as a week.  Best of all, the undocumented immigrant no long has to worry about not being allowed back into the United States. 

It is thought that as many as one million undocumented immigrants may be able to benefit from this new policy.  Call us if you would like more information about the Family Unity Waiver program and whether you may be able to benefit from it.