On the recordJune 7, 2012
Mr. Chairman, I rise in opposition to this amendment, which would negate the recent rule that would grant certain immediate relatives of U.S. citizens to apply for a provisional unlawful presence waiver while still in the U.S. Applications for the unlawful presence waiver can take months or even years to adjudicate. This change in processing, this new rule, would permit U.S. citizens to remain united with their loved ones and ensure that the U.S. citizen is not subjected to the very harm--that is, prolonged separation--that the waiver, if granted, was meant to prevent. To be clear, a pending or approved provisional waiver will not provide the interim benefits, such as employment authorization, it will not provide lawful status, it will not stop the accrual of unlawful presence, it will not provide protection from removal. What it would do is eliminate the catch-22 faced by many American families who want to do the right thing by having family members already eligible for the waiver come forward to adjust to legal status. Under the current process, they're penalized if they come forward, penalized by long-term separation from U.S. citizens who are immediate relatives and who depend on them for emotional and financial support. By allowing the processing of waiver applications in the United States, the proposed rule would improve the efficiency of the process and would save taxpayer money. It's a much needed change. It's a good rule. This change in processing is vitally needed.…





