There is no new law. The provisional waiver program that takes effect on March 4 is a procedural change that allows people in the United States to submit their I-601 waiver in the United States before they attend their visa interview in their native question. It will not help your husband if he in Mexico.
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The new provisional waiver procedure that begins March 4, 2013 will not have an effect on your husband's case. Your husband is not eligible for that new procedure, because he is not in the United States.
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The new waiver is for people who are present in the US.
Contact immigration attorney Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey. Contact immigration attorney Gintare Grigaite, Esq. for a free consultation about new Immigration Reform policies. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.
If your husband is outside the U.S., the new provisional waiver rules will not apply. One of the requirements for this new procedure is that the waiver applicant has to be in the U.S. If you are preparing your waiver application without the assistance of experienced counsel, you might be making a mistake. As you know from the first denial, it is not easy to get a waiver. What might be obvious to you might not be obvious to the adjudicator.
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