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Attention DREAMERS: USCIS is now accepting first time DACA applications, as well as permitting DACA extensions and employment authorization document extensions for 2 years instead of 1, based on a recent court ruling. To see if you qualify, contact Laurie Woog at 908-233-0076 or laurie@wooglaw.com.

Improvements to green card and waiver process for out of status spouses

Friday, January 6th 2012

The New York Times published an interesting article today which describes potential changes to the system of granting green cards for spouses married to U.S. citizens where the non-US citizen spouse entered the U.S. illegally.   Currently, would-be immigrants need to travel to obtain a waiver of unlawful presence in Ciudad Juarez, Mexico (or another country of origin).  These waivers can be costly, time consuming, separate the alien spouse from his or her family for several months or more, and are not always granted.   Apparently, the government is proposing to streamline this process to make it more efficient and less unpredictable.  If this rule change occurs, you should consult with an immigration lawyer to determine whether you are eligible to take advantage of the procedures to obtain a green card based on marriage.  For more information read: http://www.nytimes.com/2012/01/07/us/path-to-green-card-for-illegal-immigrant-family-members-of-americans.html?ref=us.  Remember that only a valid marriage – one that is not entered into for the purpose of obtaining a green card, and one that is based on shared residence and financial endeavors – can support a spousal visa petition.

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