scrubbedexpat099

I 601 as mentioned earlier.

Noorah101

You might be reading outdated information. It can take 4 to 6 months just to get the I-130 approved. After that, it takes another few months to go through the actual visa application process. Also, lately NVC has been having nightmare backlogs, pushing cases out another several months. I'd figure at least 12 months from filing I-130 to getting Immigrant Visa in hand. If it happens sooner, be pleasantly surprised. If it happens later, don't be frustrated.

Rene

scrubbedexpat099

And the waiver....

S Folinsky

Assuming he is qualified for a waiver.

There is always a "private bill" which may or may not be a possibility.

scrubbedexpat099

There is that, a d3 does not mimic a 601 in all respects.

Never seen a private bill, Hail Mary option?

theJBs

I don't know what you fellas are talking about but a quick Google of "private bill US citizenship" results in a wiki page that states private bills were common between 1817 and 1971? It then goes on to explain that in 2012 a Nigerian student became the first person in 2 years to be the beneficiary of a private bill.

Would you mind elaborating further about this, please sirs?

S Folinsky

Immigration attorneys are discussing "DACA" and soon to be "DAPA" and it is noted that, other than the immigration violations, the non-citizen must be fairly squeaky clean. On the "I-601A" for waiver of unlawful presence, the consular officers will revoke the waiver if a waiver is needed for anything else.

My point is that various executive actions only benefit people whose only sin is being here illegally. And the benefits are actually quite narrow and particularly are not a "path to citizenship." [I was in practice during the 1987-88 Legalization which was THE "amnesty" and did lead to a green card].

If President Obama really wanted to do a true "amnesty" that would aid many people here unlawfully, it would take only an executive order to put "PIP" in place. Of course, that would really cause brown material to hit the fan.

As noted previously, OP's fiance apparently has sometime of drug conviction when he was 17. [It is amazing how there are what we us legal types call "bright lines." If it had been at age 16, it would have been treated differently].

[BTW, in chatting with my cutter as my hair was being done today, she let me know that her mother had been a childhood prisoner of the Japanese in Indonesia during World War II. She was quite impressed that I knew who the "Indos" were. The Indos were given special dispensation after World War II to immigrated to the US].

Noorah101

I think getting into something like a private bill needs the help of a competent immigration attorney. Your husband would probably have to be someone very special (or provide the USA with something very special) to be considered, but of course you can always ask. We laymen on here wouldn't know much about those details.

Rene

theJBs

Provide the US with something special...hmmm, how about the key to one USC's ultimate happiness?

Thanks again to each of you for responding. Knowledge is power.

scrubbedexpat099

DAPA rules are not out yet. You do not need to be squeaky clean for DACA.

You can google it but could quite possibly not qualify for the VWP but qualify for DACA.

PiP would be easier than AP but pretty marginal.

S Folinsky

Very much so. I never did one. I've known of them happening, but very rare.

Also, I understand that an enduring legacy of the "ABSCAM" scandal of the early 80's, many Congresspeople and staffers are wary of those requests. In today's political climate, I think the chances are even less.

retzie

TheJBs: Have you looked up the grounds for inadmissability and availability of waivers for immigrant visas? In addition to your own reading, I would also get in touch with an immigration attorney with experience in immigrant waivers. The rules are strict and the stakes are high - the earlier you get competent counsel, the better.

Please be aware that there may be no avenue for your husband to immigrate to the US.

theJBs

No, we haven't. Didn't even realize a need to until this weekend after speaking with you all. Any suggestions on where to look for respectable immigration attorneys? ...Or suggestions on what steps we need to take? We are at the mercy of so many and would certainly appreciate your advice. I wouldn't feel safe running a google search for something this important.

Noorah101

AILA's Immigration Lawyer Search, start contacting some. Be specific in your needs. Only go with ones who have actually done this type of case, specifically.

Rene

S Folinsky

One of the waiver mavens in the Immigration Bar is Laurel Scott in Houston TX.