Today’s NY Times reported on Obama’s administration’s proposal to allow illegal immigrants who are married to US Citizens to apply for green card and hardship waiver in the United States, and then travel to their home countries to obtain visa to reenter the US once the waiver is approved. Under the current system individuals who enter illegally cannot apply for green card even if they are married to US Citizens. These have only two two options: to leave the US and endure the hardship and separation of having the waiver processed at the US consulate in their home countries or remain in hiding and in constant fear in the US. Now one has to see what will be the standard for hardship, and what happens if the hardship waiver is denied. Current standard for hardship is quite burdensome. Simple separation is really not considered hardship in most cases. One has to show more compelling reasons for hardship such as medical, economic, and mental or emotional that is more than resulting out of mere separation. Nonetheless, if in fact implemented this proposal will provide some relief and Obama administration is trying to work within the current law and regulations and within their executive authority.
http://www.nytimes.com/2012/01/07/us/path-to-green-card-for-illegal-immigrant-family-members-of-americans.html?_r=1&emc=eta1