it sounds like you and your husband may qualufy for a waiver. The new application that allows your husband to remain in the USA does not come out until the first week in March. However, now is the tine to begin preparing to file. You will need other petitions and applications in addition to a waiver.
From the information that you gave here, it appears that your husband may be eligible for the new waiver, which will be available for filing by March 4, 2013. However, in order to apply for the waiver, you must first apply for him, by filing Immigrant Petition for Alien Relative with USCIS, and after that is approved, he will qualify to apply for a waiver while in the United States. I highly recommend that you meet with an experienced immigration attorney to discuss the process.
Contact attorney Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.
If unlawful entry and presence are the only issues, sounds like he is a candidate for the provisional waiver. And I always say this, but unfortunately the medical hardship cases are always the stronger cases, it is unfortunately because someone is ill. I strongly urge you to work with an experienced attorney as even the stronger cases need much careful preparation.
This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
I agree with my colleagues. However, if there are issues beyond the overstay (I.e., arrests), that will also impact your case.
Further, while medical issues rate high on the scale as a qualifier, collateral issues such as finances, education and like like are also significant factors.
Do consult an experienced migration attorney for guidance.
Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info
I agree with my colleagues. You should consult an experienced immigration attorney for this matter. You may schedule a consultation with an immigration lawyer in your area, my firm is handling these matters in New York. If you would like free legal updates on these immigration issues you may sign up for our newsletter at http://www.shautsova.com .
Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova www.shautsova.com www.shautsova.com www.russianspeakinglawyerny.com
Good question. Hard problem, which, however, calls for a very brief answer: no he cannot and probably will not be able to in any foreseeable future. Even under the provisions of the provisional waiver regulations, provided he is qualified, he will still have to travel outside at some point, to seek admission as an immigrant.