New waiver process?

[lovemymexi 1]

Hello, I am new and would appreciate any advice.

I am American and my husband is Mexican living in the US without a visa.

We did the I-130 two years ago and it was approved.

A few months ago I did the Affidavit of Support.

Our Application for Immigrant Visa is completed, my husband just needs to sign it electronically and submit.

However, we are thinking we should wait to submit the Application for Immigrant Visa until the new conditional waivers begin so that he can stay in the US while waiting for the decision on the waiver.

What do you think? Thank you.

[Penguin_ie 5,986]

I haven't heard about conditional waivers, can you link to an article on them?

[Julia & Leo 2]

Http://content.govdelivery.com/bulletins/gd/USDHSCIS-319af7

[Sandra G. 5,016]

On January 6 DHS announced it it will be issuing new regulations for how unlawful presence waivers will be processed for certain immediate relatives who are

filing immigrant visa applications.The new procedure will allow these individuals to file for a provisional unlawful presence waiver and await

adjudication while in the U.S. The new provisional waiver procedure has not yet taken effect. The new procedure will not take effect until a final

regulation is issued. It is not yet known when the new regulation will take effect,it could be in three,six months or one year. Immigrants without a criminal background who have only violated immigration laws can earn the waiver if "extreme hardship" that would be caused to the spouse or parent with citizenship can be proven.Just who needs just the I-601 for unlawful presence will be able to wait the decision inside the USA,If approved, they will still have to depart the U.S. to undergo visa processing and an interview at a U.S. consulate abroad. Who needs the I-212 waiver won't be able to wait inside the USA for the waiver decision make sure your husband will need just the I-601 waiver and not the I-212 as well.

[lovemymexi 1]

Http://content.govdelivery.com/bulletins/gd/USDHSCIS-319af7

Can you explain the meaning of this?

[lovemymexi 1]

On January 6 DHS announced it it will be issuing new regulations for how unlawful presence waivers will be processed for certain immediate relatives who are

filing immigrant visa applications.The new procedure will allow these individuals to file for a provisional unlawful presence waiver and await

adjudication while in the U.S. The new provisional waiver procedure has not yet taken effect. The new procedure will not take effect until a final

regulation is issued. It is not yet known when the new regulation will take effect,it could be in three,six months or one year. Immigrants without a criminal background who have only violated immigration laws can earn the waiver if "extreme hardship" that would be caused to the spouse or parent with citizenship can be proven.Just who needs just the I-601 for unlawful presence will be able to wait the decision inside the USA,If approved, they will still have to depart the U.S. to undergo visa processing and an interview at a U.S. consulate abroad. Who needs the I-212 waiver won't be able to wait inside the USA for the waiver decision make sure your husband will need just the I-601 waiver and not the I-212 as well.

So do you recommend we wait to submit the visa application until they change the procedure for the waiver? I know it could take awhile but at least we won't be separated. He really has no ties in Mexico.

He doesn't need a I-212.

[Sandra G. 5,016]

I sent you a message check it out.

[ullnvrkno 95]

Can you explain the meaning of this?

This means that people whose husbands are outside of the country will be able to send their i601s to a lockbox here in the US where it will be sent to an adjudication center (in the US) to be processed w/in 6 months

[lovemymexi 1]

Is this better or faster than the current process?

[ullnvrkno 95]

Is this better or faster than the current process?

I would most certainly say so. It hasn't been implemented yet though, and I'm not sure when it will be.

As of now once you're eligible to file a waiver you have to create the packet and ship it off to the beneficiary for them to file at the US consulate in their country. The consulate processing times vary GREATLY by country (I think Mexico takes as little as 3 months where as El Salvador quotes 18 months). The lockbox should send it to an adjudication office here in the US to American workers who can decide on the waiver here in the US (so there's little to no courier fees I'm sure). I believe they're aiming to process waivers at 6 months. This will TOTALLY standardize things.