Source: Lisa M. Keefe, MEATINGPLACE, 1/9/12

The U.S. Citizenship and Immigration Services agency (USCIS) plans to make it easier for undocumented immigrants to apply for a visa, allowing them under certain circumstances to stay in the country while their applications are being processed, according to documents filed with the Federal Register on Friday.

In a preview to a proposed rule that will be published in the FR on Monday, USCIS says that illegal immigrants seeking residency, who have immediate relatives who are U.S. citizens, can apply to stay in the U.S. while their application is undergoing “consular processing,” a part of the system that can take three to 10 years to complete. Current regulations require that the applicants leave the country while their paperwork is being reviewed.

The change is aimed at undocumented immigrants who have family members who are U.S. citizens., in particular children who were born in this country. Applicants for the waiver will have to demonstrate that the denial of the waiver “would results in extreme hardship to the [applicant’s] citizen spouse or parent 'qualifying relative’.”

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