Waiver application process

Assuming that the wife is a U. S. citizen or permanent resident, she would petition for him and he would ultimately be interviewed at the American consulate or Embassy overseas. He would be refused for an immigrant visa and if eligible for a waiver, he would be instructed by the consulate or embassy to file one. If the ground was illegal presence in the U. S. for a year or more, he would be instructed to file an I-601 Application for Waiver of Ground of Excludability. If he was deported, he would be instructed to file form I-212 Application for Permission to Reapply for Admission into the U. S. after Deportation or Removal. Such waiver applications would be adjudicated by U.S.C.I.S., usually within a year. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.