Request for waver for non-citizen/non-greencard

[Barcid]

     2.2.5.2. Requests for waiver of citizenship criteria for lawfully admitted non-citizens residing in the United States who were not admitted for permanent residence will be submitted through the wing and region commander along with a copy of the membership application to Membership Services (CAP/DP). The online application may not be used by those requesting a citizenship waiver. The waiver, if approved, will be only for the period of residence within the United States.

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I have the I-94 and H-4 documents. Is there anything else that I need to send for the waivier?

[lordmonar]

Nope....just send copies of your visa along with your application up the chain to NHQ.
If they need more they will tell you what they need.

[Barcid]

As I looked more into the documents, it says that my I-94 expires on 2/5/17. Luckily, however, I applied for renewal back in November of 2016. According to immigration, I can legally stay in the US until they send me my new I-94. However, this process takes 4-7 months (so Feb-May) and I haven't gotten it yet.

CAP regulations say that they will issue me a waiver for the period of my residency in the United states. However, how are they supposed to know what the term is when I don't have a copy of the renewed form to give them? (This doesn't mean that I am illegal, however, I cannot give them the renewed form). For example, if I had applied a year ago, according to CAP regulation they would have sent me a waiver until 2/5/17 (the expiration of my current I-94). However, in the current situation, I am legally living in the US but don't have a set period (the set period for me to leave the US had I not renewed would have been 240 days past the expiration). Basically, my I-94 expires in 5 days. However, since I already applied for renewal a couple months ago, I can legally stay in the US until I receive my new form (which then sets a new expiration date-which I currently don't have).

My worry is that if I send my current I-94+Extension wait+Visa to CAP, by the time HQ has it in order to give me the waiver, it will already have passed the time limit. Granted, I would have my new I-94 at that time, but obviously, I would have to find some way to get it to them. Basically, I would be legally living in the US the entire time, but would have to get forms to HQ at certain points to update the time(ie if I apply now, they could possibly give me a waiver until the 240 day removal period, and once I receive the new form I apply again for another waiver with the extended time).

So should I just hold off the application for the waiver until I receive my new I-94 extension? And if so, what should I do with the squadron in the meantime?

[Eclipse]

Your best course of action is to call NHQ member services directly (877) 227-9142 and ask these questions, there are too many
caveats and asterisks here for any of us to be able to give you meaningful answers, and without putting too fine a point on it,
the general climate around immigration issues isn't exactly "stable" at the moment, so who can say if or how that might affect the
timelines here.

NHQ will be arbiter here, one way or the other, best just to contact them.-

And if so, what should I do with the squadron in the meantime?

Frankly, absent an expedient and impeding solution from NHQ, you'll probably have to disengage until it's worked out.

Until you are a member with an approved BCG and completed CPT, there's very little you can do with cadets (that protects everyone involved),
and the same goes for any operations training in flight crew or similar ES roles.  In fact, absent the signed OPSEC NDA and training, there will be
times you're not even supposed to be present.

All things being equal, were this my squadron, I'd have to ask you to stay home until this is worked out.

[NIN]

A phone call is the first step.

The second thing I'd do is craft a cover letter for the application indicating that you've applied and are awaiting the wheels of bureaucracy, but that the rules allow for this (ie. "I don't have to get on plane on 2/6/2017 and split..")  A cite of the Immigration rules might help. 

The reason I say put a cover letter on it and explain is that your application, unlike normal applications, has to wend its way up thru the intervening echelons (wing & region).  Most wings might see one of these in 5 years, so by addressing the issue that the Wing DP or commander, or Region DP or commander might raise, the chances of your packet sailing thru are high.  Otherwise it will land on someone's desk without preamble, they'll go "What the heck is this?", look at the regs, look at your dates and go "DENIED."

Also, your commander should probably include a letter saying "You're the best foreign CAP member. Top notch."

[Barcid]

A phone call is the first step.

CAP HQ hours are literally monday-friday 7:30-4:30.

School hours :/

[NIN]

A phone call is the first step.

CAP HQ hours are literally monday-friday 7:30-4:30.

School hours :/

Not you.  The unit

[Barcid]

Not you.  The unit

My squadron commander and his deputy both said they had no clue about the situation (when I asked them last week what forms to bring), only to send them whatever I thought I needed. If they have no experience with it and didn't know what forms I should bring in the first place, asking them about my current situations wouldn't exactly do anything.