What is your status?
When and how did your husband enter the U.S.?
After he first came to the U.S., did he ever leave?
If so, how and when did he come back?
Does your husband have a criminal record?
Was your husband ever deported in the past, or caught at the border?
Has you husband ever claimed to be a different person, or used false documents?
I agree with my colleague. 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
The provisional waiver law goes into effect on March 4, 2013. It allows the beneficiary to have the waiver approved before going ot hte consulate in their home country but they will still need to consular process.
You are mis-informed your spouse will still have to go to cd Juarez. Under the new provisional waiver process, immediate relatives must still depart the United States for the consular immigrant visa process; however, they can apply for a provisional waiver before they depart for their immigrant visa interview abroad. Individuals who file the Form I-601A must notify the Department of State’s National Visa Center that they are or will be seeking a provisional waiver from USCIS. The new process will reduce the amount of time U.S. citizen are separated from their qualifying immediate relatives. Details on the process changes are available at www.regulations.gov or check uscis.gov
Consult with an immigration attorney about the new regulation (not new law) regarding the Family Unity Provisional Waiver (I-601a). Depending on the facts of your spouse or relative's immigration history, he or she may still have to return to Ciudad Juarez for the interview. However, you would receive a decision on the waiver application before he or she returns for the interview. We need to know whether he or she entered with a visa.
Answers here do not create an attorney-client relationship.