My husband is currently waiting in Mexico for his I-601 to get approved. We submitted the I-601 paperwork at the end of January 2013. Now that this new law has passed, is there anything we can do to speed up the approval process? Last year we had no idea when/if the law would pass or else we would have waiting so that my husband could wait here in the US instead of Mexico :(
I-601 and I-601A are waivers for inadmissibility. In case of the I-601A Application for Provisional Unlawful Presence Waiver person has to be physically present in the USA when application is made. It helps only to the extent of unlawful presence. I-601 is applicable to the other grounds of inadmissibility.
In your case you have right option of I-601 waiver which is currently pending.
Unfortunately, no. 601A is only for those physically present in US at time of application. Furthermore, individuals who have been present in the US for more than one year who then leave and re-enter illegally are not eligible (this is a ground of inadmissibility). The only ground of inadmissibility the new waiver acts to cure (waive) is unlawful presence. Keep your head up though, the traditional waiver could be accepted, particularly if you chose an immigration attorney to help you. Good luck.
Alvaro De La Calle
Calle Law, PLLC
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