The new law will be in effect from March 4, 2013. The person, however, must be in the US. The new law I think you are talking about is a I601A Provisional waiver. If denied, there is no appeal, but you can re-submit the application.
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No, unfortunately the provisional waiver program is simply a procedural change that does not impact people who are outside the US.
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It appears that you are referring to a new procedure, called a Provisional Waiver, using Form I-601A, from USCIS.
The Provisional Waiver procedure will help certain people who are now in the United States who have U.S. Citizen spouses and/or parents and whose ONLY ground of inadmissibility is unlawful presence in the United States.
If your family member is in Mexico at this time, then the Provisional Waiver will not be available to him.
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