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Does my husband have to return to Mexico after I 601-A is approved?
Anonymous6 views2 answers
my husband and i have gotten our i130 approved and now need to complete out I601 wavier. I was wondering if he would absolutely have to return to Juarez Mexico for his interview i do not want him to and will try to avoid it by all means because of the danger in the city of Juarez. We have two children one that requires help in school and a therapist once a month. I think that this will help prove hardship since i don’t believe he can receive these treatments if we were to move our family to Mexico.
Jonathan A ReingoldImmigration AttorneySeattle, WAWA licensed ·
You are asking about the I-601A Provisional Waiver, which allows certain immediate relatives to apply for unlawful presence waiver PRIOR to departure—it does not take away the need to depart the U.S. and consular process. It is designed to minimize family separation and increase confidence that an applicant will be readmitted as a permanent resident, but it doesn’t guarantee that they will be readmitted! Among the several requirements, is that the US citizen SPOUSE or PARENT would suffer extreme hardship if the applicant was refused admission. Once it’s approved, the applicant must depart US and attend the immigrant visa interview at the consulate. The consular officer makes the ultimate decision on admissibility. Be careful, I have heard that provisional waivers are being denied for applicants with any criminal history that triggers an inadmissibility ground other than unlawful presence. Please get a consultation with an immigration attorney before filing anything!
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Yes, absolutely. That is the current law. At least he will leave for CJ knowing that his "provisional" I-601A inadmissibility waiver has already been approved, and that if everything works out according to plan, he should be crossing back with an "immigrant visa" stapled to his passport. But unfortunately not always everything works out according to plan and in Juarez they are masters of finding "other" inadmissibly grounds that the I-601 Did not cover, such as "fraud", etc. The alternative, if risk averse? Do nothing, wait for the elusive immigration "reform".. (And if that one, if ever comes, in bits and pieces, turns out to be like "Obamacare", we are all going to be in great shape for the next 10 years.. Something to look forward for.
