Based on what you have described I do believe you will need an attorney to help you with the wavier process and advise you on how it will impact your situation. I would be concerned that you don't really understand the implications of what you are trying to do without the advice of an attorney.
Being in the US 'illegally' is a BIG DEAL.
Also, if you can't afford a lawyer .... not even the tiny fee charged by non-profit agencies ... then you probably won't be able to get him a greencard ... you need to demonstrate $19,000++ of income to be able to sponsor him ... or get a co-sponsor ... who might also be able to help you pay for an attorney.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
I do not recommend that you file for a provisional waiver without an attorney.
Please click the link below for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Know Your Rights!
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
(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.
Waivers are submitted without lawyers but often times they are not approved because you must demonstrate extreme hardship to you if your husband is denied his green card. The form is just part of the waiver. What is very important to know is if your husband is even eligible to file for the waiver. Much depends on this immigration record. This should not be overlooked. Also, you can only file a waiver after an I-130 Petition is filed. I recommend an attorney for this process because there are many things that non-lawyers do not know and much of the time, the case will take longer with unnecessary delays.
This advise does not create an attorney-client relationship.