He does not qualify for an I-601A provisional waiver. He is subject to the "permanent" bar.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
The relief that one might obtain from a favorable decision on I 601 waiver is discretionary. And Billy and has to demonstrate that here she meets the statutory requirements and show that the qualifying relative will suffer " hardship."
S/he Must also demonstrate that they are worthy of a favorable exercise of discretion.
It will be necessary to demonstrate a number of factors, with appropriate evidence, to show That one deserves favorable discretion. On the other side of the ledger it must be shown that the qualifying relative will suffer extreme hardship if the alien is not allowed to remain or return to the United States.
Therefore, one cannot say whether your spouse will qualify since each case is judged on an individual basis. There are equities and liabilities that will be factored. There will be issues that can either help or hinder the exercise of favorable discretion by U.S. Citizenship and Immigration Services. Health, finances, education, family ties, country conditions, remorse, rehabilitation are but a few of the relevant a issues to be considered.
Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info
It depends on what happened the first time he was caught. If he was removed or excluded and then reentered without inspection he could be permanently barred from the US. If that is the case he would have to remain outside of the US for 10 years before he would be eligible to apply for a waiver. You may want to do a FOIA to verify what happened previously.
Samuel Ouya Maina, Esq. 415.391.6612 firstname.lastname@example.org Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104