When will the provisional waiver process go into effect for qualifying applicants?

Asked over 1 year ago - Chicago, IL

I'm a 25 year-old Mexican woman. I entered the U.S. without inspection when I was 3 years old. I've lived in Chicago since; have not left the country; no criminal record. Family members have never petitioned for me. I obtained my Associates Degree in Liberal Arts in May2009. I got married in May2011.
I have been living with my spouse, who is a natural born U.S. Citizen, for over a year & a half.
We spoke to a lawyer, and she said that the process involved me leaving the country, where my family support system is, for an indefinite amount of time. However, she mentioned that there might be a change in the waiver process, where I may be able to apply within the U.S. It would be great if I could remain in the country while the process is resolved. When will the waiver change start?

Attorney answers (6)

  1. Daniel Warren Thomann

    Contributor Level 15


    Lawyers agree

    Answered . I agree with attorney Din. Today Secretary Napolitano made an announcement regarding the waivers, which would begin being accepted on March 4, 2013. I've attached a government link to the announcement. In short, what is changing is not the "leaving the country" part, it's the "for an indefinite amount of time" part. I also agree that you may want to meet with an attorney to review your case. This would allow you to assess whether you may qualify for the waiver and whether you should also consider other options, such as Deferred Action for Childhood Arrivals ("DACA"). Good luck!

    www.azitalaw.com - 312.641.0771 - The information above is general in nature and is not intended to create an... more
  2. Khaja M. Din


    Contributor Level 14


    Lawyers agree

    Answered . It seems like State Side approval of waivers will start in March of this year but not quite sure yet. Also, though the waivers will be provisionally approved in the US, you will still have to travel to Mexico to obtain re-entry. Their may be other options available to you. Please consult an immigration attorney before proceeding.


    Khaja M. Din, Esq.

    Free Consultation For Your Immigration & Deportation Issues


    Khaja Din is an immigration attorney specializing in deportation defense and the immigration consequences of criminal conduct. He has offices in Chicago, IL and Madison, WI.
    Din | Memmen, Inc.

    Chicago Office
    4518 North Kedzie Avenue
    Chicago, IL 60625

  3. Kevin Lawrence Dixler


    Contributor Level 20


    Lawyer agrees

    Answered . I agree with my colleagues, but what is unclear is whether you may be subject to waiver revocation. Some who have other reasons to be disqualified may find it very disappointing to seek a provisional waiver. What is meant is that if there were issues with using false documents for I-9 purposes, among other disqualifications, then the provisional waiver may be revoked when in Mexico.

    As a result, it is best to first review whether you are otherwise disqualified for the provisional waiver program. Then review whether you qualify for an employment authorization card through the DACA or deferred action program. Good luck.

    This is general information, not legal advice, and does not create an attorney client relationship.
  4. Mani Khavajian

    Contributor Level 16


    Lawyer agrees

    Answered . Change should take place in March, however, you will still have to leave the U.S. (but only for a few months) if the waiver is a approved before you can adjust your status.

    This is general information and not legal advise. This communication does not create a lawyer-client relationship.
  5. Nicklaus James Misiti

    Contributor Level 19


    Lawyer agrees

    Answered . March. Make sure you work with a qualified immigration attorney if you are serious about getting approved. My firm is experienced with hardship waivers.
    Nicklaus Misiti
    Law Offices of Nicklaus Misiti
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an... more
  6. Veronica Tunitsky

    Contributor Level 18


    Lawyer agrees

    Answered . The provisional waiver rule has been published. USCIS will start accepting waiver application on march 4, 2013. Of course this all starts with a full analysis to make sure you qualify and the filing of the I-130 petition.

    Waivers are complex and you should consider retaining the assistance of an attorney experienced in this subject. My firm handles waivers almost exclusively and we represent clients nationally. Please visit my website for more information: www.tunitskylaw.com.

    The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an... more

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