Hello, we had our appointment and CO approved my case but not my husband's. He has to do the waiver for two sections (212(a)(2)(A)(i)(ii) and 212(a)(6)(c) ). The CO told him that he didn't have time to do it now. We have an American child, and we would like to return to the USA in a year. Knowing that I have to validate the Green card in 6 months and we would not like to be separated. So I have several questions: 1-can the waiver be requested faster? 2-in how much can we obtain it? 3-do we have to request two pardons as there are two sections? 4-how should we proceed? 5-should we do it alone or would it be better to call on a lawyer.
Thank you very much for your answers, I am grateful.
I'm afraid, your spouse will not be immigrating to the US with your as a derivative of your DV selection. The waivers required for cannot be obtained before Sept. 30th which is the deadline for him to obtain a DV based IV as your derivative.
In general, this is not even a DIY case case to start with as your spouse is facing some major inadmissibility grounds. There are two separate waivers involved here, neither of which will be a quick process.
INA 212(a)(2)(A)(i)(ii) - Renders ineligible any applicant with past convictions for (or who admits having committed, or who admits committing acts constituting), a violation of, or conspiracy or attempt to violate, any law or regulation of a state, the United States, or a foreign country relating to a controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802). Whether a controlled substance is legal under a state law is not relevant to its illegality under federal law.
Waiver available on the basis of demonstrable extreme hardship to a USC or LPR spouse, parent, son, or daughter; and the Attorney General has consented to the applicant’s applying or reapplying for a visa to the United States.
INA 212(a)(6)(c) - Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.
Waiver available if the applicant is the spouse, son, or daughter of a U.S. citizen or LPR; and the Secretary of Homeland Security is satisfied that the refusal of the applicant’s admission to the United States would result in extreme hardship to the U.S. citizen or LPR spouse or parent of such applicant.
Basically, if the plan is for you guys to live together in the US eventually, you and your USC child will need to relocate first to the US. Then you file to sponsor your spouse (family based GC sponsorship). I guess you may initiate the waiver processing at the same time since he's already been found inadmissible (usually, the waiver processing gets initiated after being found inadmissible - at the end of the interview). Like I stated above, it is not a DIY process, it will not be a quick process - you're looking at quite a couple of years, and it will not be cheap either.
9 FAM 302.4 (U) Ineligibility based on Controlled Substance Violations - INA 212(a)(2)(A)(i)(II) and INA 212(a)(2)(C)
9 FAM 302.9 (U) Ineligibility based on Illegal Entry, MISREPRESENTATION and Other Immigration Violations - INA 212(a)(6)(c)