Questions about the law of punishment

This week, I dedicated my "Migratory Consultation" column in La Opinión, to answer readers' questions about the law of punishment. This is the column:

After almost 9 months of waiting, the U.S. Department of Homeland Security finally announced that on March 4, 2013, the modification to the process for obtaining a waiver under the "law of punishment" will go into effect. The new regulation will allow undocumented immediate family members (parents, spouse and unmarried children under 21 years of age) of eligible U.S. citizens to apply for a waiver of the law of punishment and find out if they will be approved before leaving the U.S., reducing the time of family separation while the residency process is underway.

This good news has generated many questions from my readers. Here I answer some of them in general terms. Each case is different, so you should consult an attorney for personalized legal advice.

How can I ask for a pardon and how much does it cost? - Diego A.                    

Diego, if you are eligible for a waiver, you will need to file Form I-601A, Application for Provisional Waiver of Unlawful Presence. You will also have to be fingerprinted and pay the appropriate fees. The fee to file the waiver application is currently $585 plus $85 for fingerprinting. There will be no fee waiver for this process.

Please note that this is a difficult and complicated process. You need to make sure you are eligible before you apply. Please consult with an immigration attorney before initiating any proceedings.

If a person is in deportation proceedings, but had papers filed against him/her, can he/she ask for a pardon? - Maria L.

Mary, generally, people in deportation proceedings are not eligible. But there are some exceptions. An immediate relative of a U.S. citizen may apply for a provisional waiver of the penalty law if the deportation proceedings were administratively closed and have not been postponed to another date at the time the Form I-601A is filed. The person must meet all requirements for the waiver.

If my application for pardon is denied, can I appeal the decision? - Jacinto S.

Jacinto, unfortunately, if USCIS denies an application for a provisional unlawful presence waiver, it cannot be appealed. However, USCIS may decide to reopen and reconsider, on its own initiative, the approval or denial of a waiver at any time.

Full details of the process are not yet available. I will continue to update the information as it is released.