U.S. Capital

Some Illegal Immigrants May Find it Easier to Return to the States After Going Home to Apply for a Visa

Sep 1, 2015

Houston, TX (Law Firm Newswire) September 1, 2015 – In the latest of moves ostensibly aimed at aiding illegal immigrants, the Obama administration is attempting to make it easier for them to come back to the U.S. after returning to their homeland to apply for a visa.

“The administration appears to be attempting to promote family unity, but it seems that move has offended the political conservatives who consider it to be another prime example of lax immigration enforcement,” said well-respected Houston, Texas, immigration attorney, Annie Banerjee.

Currently, foreigners have to apply at the U.S. Consulate in their home country, which is an issue for illegal immigrants who may end up being blocked from returning to the States, even if they do qualify for a visa. Any illegal immigrants living in the country for over 180 days may not return to the U.S. for three years if they leave the country. Those who live in the U.S. for more than a year are at risk of facing a 10-year ban if they leave the country and hope to return.

The regulations currently being drafted by the Department of Homeland Security (DHS) are attempting to expand a waiver program for a certain class of illegal immigrants that have family in the U.S. The result should, if it is implemented correctly and in a timely fashion, help those individuals avoid significantly long bans that deem them ineligible to return to U.S. soil. In essence, the new approach to dealing with eligibility for “unlawful presence” waivers would be to expand the qualification rules.

The new regulations have a slight twist to them to allow the whole process to move relatively smoothly by granting certain illegal immigrants currently living in the country permission to return to the U.S. before they even leave.

Instead of being viewed as forward movement to make positive changes to the immigration system and an attempt to introduce administrative efficiencies, some politicians seem to view the move with a great deal of scepticism and muted sarcasm. Says Rep. Steve King (R-Iowa), “Anyone who can sneak into America gets to stay — unless their presence makes President Obama politically vulnerable.”

Whatever else may transpire in this back-and-forth debate, it is relatively certain that the fight over immigration reform will not only continue to polarize the House but heat up to an even further degree. Much of the dissention has arisen as a result of Obama’s executive order of November allowing over 5 million illegal immigrants to remain in the U.S.

The Administration says it is about keeping families together. The Republicans say it is about garnering more votes for the Democrats in the next election. “Whatever the real reason may be, it is interesting to see and hear all this transpire so close to a presidential election,” said Banerjee. “However, until the regulations pass and are implemented, it is still too early to attempt a re-entry.”

Learn more at http://www.visatous.com

Law Offices of Annie Banerjee
131 Brooks Street, Suite #300
Sugar Land, Texas 77478
Phone: (281) 242-9139

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