Introduction: You ask we answer your immigration questions. Simple. And now your host immigration lawyer Jacob Sapochnick.
Jacob: And this question comes from Martha in El Paso, Texas.
The question Martha is asking is: My husband is currently outside of the US. He’s been previously removed and spend three years overseas. I’m now wondering if I can use the new provisional waiver to bring him back to the US?
And another follow-up question: He has an approved I-212 waiver and I was wondering if that can affect the case in a positive way.
Thank you for your questions Martha. To answer your question, unfortunately he’s not going to qualify for the I-601A provisional waiver. The waiver specifically states that the applicant must be present inside the US when applying for the waiver. Anybody who is already outside of the US, married to US citizen, are not going to qualify for this particular waiver. The point of this waiver is to allow people that are currently in the US undocumented to finish their process and not being separated from their families but those that are already outside of the US are not going to be able to benefit for it.
And as far as the other question. The fact that he has an approved I-212, waiver is going to help him pursue the case through the embassy overseas but he can’t do it inside the US because he doesn’t have the right to enter the US legally. I would recommend to discuss your case with an attorney to determine what is the best way to proceed with your case and what documents are you going to need to file for him to be able to get to the appointment, get his visa and do the appropriate waiver.
Closing: Thank you for listening to the Ask My Immigration Lawyer Podcast, the show that’s dedicated to answering your immigration questions. Simple as that. See you next week for another round of questions and much needed answers.