If the person is in Mexico now, and if the waiver was denied, then it appears that he does not have permission to enter the United States at this time.
If he enters the United States illegally, then he will NOT be eligible to file the new provisional waiver than begins on March 4, 2013. In fact, depending on his prior immigration history, if he enters illegally at this time, he could face many more serious problems, including possible criminal charges, and ineligibility for future immigration benefits for a long time.
I strongly suggest that you consult with an immigration attorney about this case.
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He can't come back until the waiver is granted. If comes back, he will be subject to a PERMANENT BAR looks like it. Hire a good attorney to work on the waiver.
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I agree with my colleagues I would just add that depending upon when his waiver was denied he may be eligible to file an appeal with the Administrative Appesls Office. He could also re-file the request with better documentation of the hardship. I would encourage you to speak with an experienced immigration attorney and have the denial reviewed.
The provisional waiver program does nothing to change the laws that apply to illegal entrants. If he re-enters without permission, he will be subject to the permanent bar, which means he won't even be eligible for a waiver for 10 years.
Further, it should be noted that there are rumors swirling about that there is an amnesty. These rumors are FALSE. You should not believe any claims that the provisional waiver program will solve all your problems if he can just get here; it won't.
Finally, it appears you have posted several questions along this same line in the last 24 hours. Your husband's problem is beyond the minimal level of assistance that this site can offer. Please, call an attorney. Make an appointment for a consultation. Do not spend anymore time or money trying to do this on your own.
Good luck to you.
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If denied he should hire an attorney to reapply. Do not come back illegally or he will be banned forever.
For more info on I-601 waivers see www.swagatusa.com/educational-materials
Dhenu Savla, Esq.
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If he has already accumulated more than one year of unlawful presence and then enters the U.S. illegally, he will trigger a permanent bar. He cannot even apply for a waiver of the permanent bar until he remains abroad for ten more years. Depending on the circumstances, you can appeal the denial of the waiver or file a new one. If you did not have an attorney or did not have a good one, you should find an attorney experienced with waiver applications to help you strengthen your application.
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