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Immigration rule change keeps families together

  • Tobin Munoz, 24, with cerebral palsy, plays cards with his dad Medardo and mom Bonita in their Santa Rosa home on sunday March 3, 2013. Scott Manchester / The Press Democrat

A new federal immigration rule aimed at keeping "mixed status" families together takes effect today.

The policy, which President Barack Obama initiated last year, allows certain undocumented immigrants who are immediate relatives of U.S. citizens to apply -- without having to leave the country -- for a waiver from a 10-year ban for unlawful presence in the country.

Previously, these immigrants had to leave the country and request a waiver at a specific U.S. consular office in the immigrant's country of origin. For Mexican immigrants, that meant traveling to the crime-ridden border city of Ciudad Juarez and waiting several months for the waiver process to run its course.

The new rule means Medardo Munoz doesn't have to leave his adopted son, Tobin, alone. Tobin, 24, has cerebral palsy, seizure disorders and a mild mental disability, so he requires around-the-clock care. Medardo Munoz is Tobin's primary caregiver, while his mother, Bonita Munoz, a U.S. citizen, works as an in-home support provider or is often away from home on union business.

"Without him being there, I wouldn't be able to make the living to support my family," said Bonita Munoz. "It's a relief that we can apply without having to go to Mexico for months and months."

The new rule affects immigrants who entered the United States illegally and for whom a green card is being requested by a relative who is a U.S. citizen, in many cases a spouse.

Immigration attorneys said the new rule could benefit hundreds, if not thousands, of undocumented immigrants on the North Coast. Nationally, the number could be as high as 1 million of the country's estimated 11 million undocumented immigrants.

The "provisional waiver" is granted in cases where the U.S. citizen spouse or close relative can prove separation from the undocumented relative would cause extreme hardship on the family.

Today marks the first day that families can apply for the waiver within the boundaries of the United States, and families have been waiting for this day since Obama proposed the new rule in January 2012. Once they are granted waivers, immigrants still must leave the country and go to U.S. consular offices in their native countries to obtain their visas.

But they do so with a waiver in their hand. In the past, many did not risk the chance of leaving the country and applying for a waiver for fear of being rejected and being separated from their families.

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