Illegal immigrants in Colorado seize upon new visa waiver

The occasion for the momentous digital grin was a small change in a convoluted immigration regulation. On paper, that change may seem like an insignificant reform, but for American families of certain illegal immigrants such as Esparza, it represents a new opportunity to obtain a green card without tearing loved ones apart.

Under the old rules, Esparza, who entered the United States illegally when he was 15 years old, would have had to return to his home country of Mexico to apply for a waiver from being barred re-entry to the United States. The waiver would be based on the hardship his absence would create for his wife in Denver ...

The changed regulation, announced last week by Homeland Security Secretary Janet Napolitano, makes it possible to apply for the waiver without leaving the country. Immigrants still have to return to a home country to complete the process and pick up a visa, but they can go with the waiver in hand and the prospect that they will be away for weeks, not months or years ....

"We are disappointed that the rules change does not apply to spouses of legal permanent residents and adult children of U.S. citizens, as they are often the caregivers. We hope that, as the changes are implemented, the administration will see the wisdom in expanding the hardship waivers to these critical family members," said Eliseo Medina of Service Employees International Union. (SEIU)  ...

(American Immigration Lawyers Association president Laura Lichter) Lichter was also disappointed there is no provision in the new rules to help families that can't pay the $585 filing fee.

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