“He is checking off every administrative box he can of what he can do with executive authority that comports with his overall view of immigration policy,” said Angela Kelley, an analyst at the Center for American Progress, a liberal think tank allied with the White House.
The latest policy change is focused on illegal immigrants who have a spouse, parent or child with U.S. citizenship. Currently, in order to become legal they must leave the United States and apply for a waiver forgiving their unlawful presence in the country. Only then can they apply for an immigrant visa. And if they don’t get a waiver, they are barred from returning to the United States for up to 10 years, depending on the case.
The specter of being barred deterred many from applying. But under the rule change finalized Wednesday, those who qualify will be able to apply for waivers from within the United States starting March 4. Applicants must return to their native country for a brief period for the consular immigrant visa process.
The new rule greatly reduces the risk inherent in applying for a waiver, as people whose applications are rejected would still be in the United States when they heard the news.