If you’d like to discuss immigration matters, Brian Bergin, bbergin@roselawgroup.com
Xochitl Hernandez, 33, who came to the U.S. illegally 14 years ago and now lives in Scottsdale will have an easier time gaining legal status because of a policy change by President Barack Obama’s administration that takes effect March 4 and is aimed at undocumented immigrants who are married to U.S. citizens.
It is one of several major immigration-policy changes by the Obama administration over the past two years. The changes are intended to provide protection from deportation to undocumented immigrants with clean records and long ties to this country until Congress passes permanent immigration reforms.
Soon, Hernandez and other undocumented immigrants who are married to U.S. citizens will be able to apply for a special waiver instead of having to leave the country and face tough penalties before obtaining their legal papers through a U.S. citizen spouse.
The change also could have long-term political implications. It has been hailed by immigrant advocates and could help boost Obama’s popularity with the growing numbers of Latino and Asian voters as Congress gears up to address the long-simmering issue of immigration reform later this year.
Some, however, say the waiver change could make it harder for Obama to negotiate a compromise with conservative Republicans, who view it as an end-run around Congress and a form of amnesty for illegal immigrants.
Critics of the change are concerned that allowing undocumented immigrants to apply for waivers within the U.S. could invite marriage fraud and weaken long-standing penalties intended to discourage illegal immigration.
