Kissimmee, FL Immigration Law Firms & Lawyers

The provisional I-601A waiver application allows those who are immediate relatives of US citizens (parents, spouses, and children 17- 21 and unmarried) and who have a qualifying relative to whom extreme hardship would befall if the waiver was not granted (US citizen spouses or parents) to file for a waiver of the three or 10 year bars upon return occasioned by their illegal stay in the US while they are in the US and have the waiver adjudicated prior to making a decision to leave the US for consular processing of their immigration papers. Under prior law, such individuals would have to be interviewed by an American consulate officer, refused the immigrant visa, and then informed that he or she could file for an I- 601 waiver. During the waiver application's pendency, they would have to remain outside the US in hopes of a favorable adjudication. The I-601A waiver, however, is restrictive in the type of individuals who can apply in that it only cures illegal stay in the states. Although there was much comment that the provisional waiver should include those with orders of exclusion, deportation, or removal, the final rule did not include persons with other problems. Mothers who have been deported would not be included.

NO. If he has not been deported yet and his case is pending, you should talk to a criminal attorney for post conviction relief. If it is possession only, he might be able to adjust status if he is otherwise qualified. You will need an experience immigration attorney before you do anything and ASAP

If you are a US citizen, and your husband entered the country with a tourist visa, then you could simultaneously file the I 130 with the I 485, even if your husband has overstayed his visa. It would be better if you filed it through the United States mail.