What you need to know about Obama's proposed change to the green card application process

In early January, the Department of Homeland Security (DHS) announced that it intends to propose a big change to the green card application process which would reduce family separation for thousands of U.S. citizens whose family members apply for permanent residence.

The proposed regulation would allow immediate relatives of U.S. citizens to apply for provisional waivers to reentry bars before they leave the United States to attend consular interviews. The proposed procedure would reduce the amount of time applicants must spend abroad waiting for permission to reenter the United States as permanent residents.

NIJC Executive Director Mary Meg McCarthy called the proposal "a positive step" and encouraged DHS to consider expanding the policy to all family-based visa categories, including spouses and children of lawful permanent residents. "We need more policies that provide opportunities for immigrants who already have roots in our communities to fully integrate into our society," she said.

DHS officials say the new rules will officially be proposed in spring 2012 and likely will not be implemented until the end of 2012. In the meantime, it's important to ensure that families who might benefit from this change are not taken in by unscrupulous notarios and others who might take advantage of this latest announcement to make a buck by providing fraudulent immigration advice. NIJC has prepared an information sheet about proposed policy and how it might work. The full information sheet is available here in English and Spanish.

For a brief overview, here is a chart that compares how the consular processing system currently works and how it might change if DHS's proposal is implemented:

Photo credit: Alexandra Strada