It seems like State Side approval of waivers will start in March of this year but not quite sure yet. Also, though the waivers will be provisionally approved in the US, you will still have to travel to Mexico to obtain re-entry. Their may be other options available to you. Please consult an immigration attorney before proceeding.
Khaja M. Din, Esq.
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I agree with attorney Din. Today Secretary Napolitano made an announcement regarding the waivers, which would begin being accepted on March 4, 2013. I've attached a government link to the announcement. In short, what is changing is not the "leaving the country" part, it's the "for an indefinite amount of time" part. I also agree that you may want to meet with an attorney to review your case. This would allow you to assess whether you may qualify for the waiver and whether you should also consider other options, such as Deferred Action for Childhood Arrivals ("DACA"). Good luck!
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Change should take place in March, however, you will still have to leave the U.S. (but only for a few months) if the waiver is a approved before you can adjust your status.
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I agree with my colleagues, but what is unclear is whether you may be subject to waiver revocation. Some who have other reasons to be disqualified may find it very disappointing to seek a provisional waiver. What is meant is that if there were issues with using false documents for I-9 purposes, among other disqualifications, then the provisional waiver may be revoked when in Mexico.
As a result, it is best to first review whether you are otherwise disqualified for the provisional waiver program. Then review whether you qualify for an employment authorization card through the DACA or deferred action program. Good luck.
This is general information, not legal advice, and does not create an attorney client relationship.
March. Make sure you work with a qualified immigration attorney if you are serious about getting approved. My firm is experienced with hardship waivers.
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The provisional waiver rule has been published. USCIS will start accepting waiver application on march 4, 2013. Of course this all starts with a full analysis to make sure you qualify and the filing of the I-130 petition.
Waivers are complex and you should consider retaining the assistance of an attorney experienced in this subject. My firm handles waivers almost exclusively and we represent clients nationally. Please visit my website for more information: www.tunitskylaw.com.
The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at www.tunitskylaw.com. Contact us at 713.335.5505 or email at firstname.lastname@example.org. Veronica Tunitsky offers in-person, as well as telephone and email consultations.