Woman 1:
The policy change takes effect in March and aims to keep families together during the
lengthy process of obtaining a green card for spouses and children of American citizens.
Raquel Coronado is one of tens of thousands in the US who will be affected by this change.
Also with this is Jacob Sapochnick, a San Diego immigration attorney.
Thank you both for joining us.
Jacob, right now undocumented immigrants married to US citizens must return to their home country
for a period of time and wait sometimes months or years to get their green card.
What is this new policy change do?
How does it make that different?
Jacob:
Well, the policy still requires them to leave the US but just by way of introduction, most
people who are undocumented and residing in the US, they are not able to finish the process
inside the US they need to leave the US and face the US Embassy in their home countries.
And if they overstayed, and they stayed here more than certain years, they have to get
a waiver to be able to come back.
Under the old rules, the waiver was applicable at the end of the process, but this new change
allows them to do the waiver before they depart the US which will reduce the amount of time
they're going to be separated from their families.
Woman 1:
Okay.
And Raquel, you've kind of experienced this firsthand, or at least you've applied for
a waiver.
What is your situation?
Raquel:
Our situation right now is we've been in this process for about three years now and we recently
applied for a parole in place, it helps military families.
Woman 1:
So, you're married to... tell me who you're married to.
You have children, how long have you been married?
Raquel:
I am married to Yancy Nunez and together we have two beautiful children and we've been
together for seven years, and married, six.
Woman 1:
And he's in the military.
Raquel:
He is.
He's currently in the US Army.
Woman 1:
Now, there's a military waiver that's very similar to this.
The parole.
I think the parole.
Right.
And so, why should military families maybe also apply for the civilian waiver?
Raquel:
I think if your parole in place does get denied for obvious reasons.
I think it will be very helpful if we had this new law that we are currently... really
applied for it.
And it will be a great help.
Woman 1:
One of the situations your friends had this where she was married or they were both militaries,
somebody was deployed and there was no one to take care of the children?
Raquel:
Actually, they were just regular civilians.
They're a civilian family and both of them went to Juarez and they faced a tremendous
hardship down there with both of her kids.
And she ended up returning back to the US and he stayed in Mexico.
Woman 1:
Oh, okay.
But on that note, military, Jacob, can absolutely be deployed and then the person's back, the
other spouse is in their home country, and then who takes care of the children?
Jacob:
There's separation.
And then just a note on the parole in place, while it's a good process for the military,
it's not guaranteed.
And so now, families like this have hope that if this doesn't work, then they can apply
for the waiver inside the US, be together with the family, with the kids.
And once it's approved, they're hoping that they're going to go out to the embassy and
get their waiver.
Woman 1:
And this is called a hardship waiver.
But what other eligibility requirements?
This is not a blanket, "Oh, get back into the US free card."
Jacob:
What it is... it's very important to understand that the waiver only applies to people that
came here without authorization and stayed longer than they're supposed to.
And the waiver only waives the illegal stay.
It doesn't waive a criminal issue.
It doesn't waive misrepresentation.
And so, it's very important to show that if they have a re-entry or they committed a crime,
the waiver is not going to help them.
So, they have to be married to a US citizen.
They can only show that they came here, unauthorized and stayed here, never left.
And that they are a person of good moral character and hopefully with that... and they have to
show up extreme hardship to the US citizen spouse.
Woman 1:
Well, what would you say, if you had advice to people who are in a similar situation,
should they apply now?
How soon should they apply?
Now, that you're experienced in this, what would your advice be to them?
Raquel:
I would tell him to get out, more for the people who are in similar cases, they're afraid
of coming out and telling, "Hey, I need help with my illegal status and stuff.
And I think, it's very important we... my husband and I, it took us, I think, about
three years to finally put in the I-130, to begin with the process.
And we were afraid, but we had the courage to come out and start this process.
Woman 1:
Great.
And Jacob, so, start early.
Woman 2:
Jacob, just one quick question.
I was interested in it.
How does our waiver and our policies when it comes to undocumented immigrants, marriages
to a citizen of the country compared to other countries, let's say Canada, England, things
like that?
Jacob:
Well, I think, the US has a policy, a strict policy against people coming here without
authorization and that's why the waiver is in place, in a way, it's kind of like a punishment
where they need to leave and be able to pay the price and come back.
Many other countries like Canada, the rules are a bit lax.
In Europe, as long as you're married to a national of the country and you can prove
that your not a criminal, much more ways to be able to get your documents.
The US makes it a policy to say, we are going to make sure that you do it the right way
and even if you're married to a US citizen, we have to make you do some things to avoid
the floodgates.
So, I still think we are quite tough compared to other countries.
Woman 1:
More conservative…
Jacob:
Absolutely.
Woman 1:
...to some other countries.
We are out of time.
So, folks at home can hear a lot more about this immigration waiver on our website, kpps.org.
Thank you both for talking with us.
Raquel:
Thank you.
Jacob:
Thank you so much for having us.