I am currently 25yrs old and have petitioned for my mother who EWI back in 85",she has never left the US and although my petition I-130 was approved about 2 months ago and now recently received the NVC paperwork I am weary as to push forward with the NVC as I heard that if she is to leave for the CD Jaurez interview she may face the 3/10 yr. ban. However I am informed that there is a waiver holding approval at USCIS known as the I-601A 'Extreme Hardship" that if approved can allow me to go ahead and pay the I-601 fee along with the 'Letter of Extreme Hardship' to a local Lockbox here in US without the need of her having to leave. I believe I can qualify as I have a sick sister who was born with medical conditions and my father was clinically diagnosed with depression.Any info appreciated.
You would be foolish to attempt to file this on your own or even more foolish to have a "notario" or another "paper filler" assist you with the waiver or any other complicated immigration process such as this. You need to retain the services of an experienced immigration attorney. I will be more than happy to assist you in this laborious process.
If you do not want to harm your mother's case, please do not send her to Juarez with a self-prepared waiver. First of all, it is not quite evident from the facts you are giving to us that you mother is eligible to apply for a waiver (leave along getting an approval). You are running a great risk of sending her to Juarez just to learn that no waiver is available in her case.
Second, even if your mother has a qualifying relative (which would be either her spouse or her parent), the new provisional waiver application process is not in effect yet.
Nothing in this post shall be construed as a legal advice. If you need advice regarding your particular situation, please contact my office directly. This information is transferred without an intent to creat an attorney-client relationship.
I agree that you should meet with an attorney but be prepared to hear that your mom may not be able to file for a waiver. She would need her spouse or parent in the US legally and have them suffer extreme hardship as a child does not count for the waiver she is going to need.
This answer does not constitute legal advice, and should not be relied on as each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
Only if she qualifies for 245(i).
You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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