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Do I qualify for I-601 Waiver?

Chicago, IL |

My grandmother overstayed her tourist visa for 2 years. She has came back to her home country about 5 years ago and has gotten a 10 year bar on her visa. She is now living in Poland. I am trying to explore her options on how she can legally come back to the United States. Does she qualify for the I-601 Waiver? What are her other options? How long will the process take? Thank you in advance.

Her Daughter is a US Citizen and has been living here for 12 years.

Attorney Answers 5

Posted

To qualify for the waiver, an immigrant visa applicant must have a parent or spouse who is a US Citizen or green card holder and to whom "extreme hardship" would result if the visa applicant is not admitted to the US.

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Asker

Posted

Her daughter is a US Citizen of 12 years. Extreme hardship in the home country or reason for overstaying?

Posted

It does not sound like she qualifies for a waiver. Her best option maybe to wait for the 10 years to elapse. Consult an attorney.

Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

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Posted

Mr. Sham, five years is a long time. We want to do something about it now.

Posted

The U.S. citizen daughter can petition her mother (your grandmother) and later file a waiver in regards to your grandmother's 10-year ban. Extreme hardship to the daughter would need to be proven in the case that her mother cannot immigrate. This is difficult to do, but not impossible. Speak to an attorney with experience in waivers and consular processing.

Serving Clients in All 50 States -- Khurgel Immigration Law Firm -- Attorney Khurgel is a Former USCIS and Department of State Embassy Officer. Address: 4199 Campus Drive, Suite 550 Irvine, CA 92612. Email: info@khurgel.com Office: (949) 509-6515 Direct: (949) 535-6331 Fax: (949) 509-6599. Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Remember, this site is akin to an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance.

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Posted

Mr. Khurgel, hardship to the daughter and not the person itself correct? What do you mean petition.

Jeff L. Khurgel

Jeff L. Khurgel

Posted

Yes, hardship to the citizen. The petition is paperwork for starting the process. It is merely an initial step which, if approved, means the government believes that the grandmother and mother are in fact parent and child. Like I said, this case is difficult, but not impossible. For a clear evaluation of the chances, schedule a phone or Skype consultation with an attorney experienced in consular and waiver matters to discuss this in detail.

Jeff L. Khurgel

Jeff L. Khurgel

Posted

Correction: the specific waiver for a visa applicant you're talking about here (for unlawful presence) would need extreme hardship to a parent or spouse who is a US Citizen or green card holder. In your case, the visa applicant's only qualifying relative appears to be her daughter. This means she (grandmother) wouldn't qualify for the waiver unless she had a spouse or parent citizen/resident for whom extreme hardship could be shown.

Asker

Posted

:( So she would have to wait out her ten year ban? No other Options?

Jeff L. Khurgel

Jeff L. Khurgel

Posted

The grandmother can consider a nonimmigrant visitor's visa and an accompanying nonimmigrant visa waiver. This will be difficult to get approved as there will be a strong suspicion of immigrant intent. Having said that, if the grandmother is able to prove strong ties to her home country and that her visit is, indeed, only going to be temporary, and that following it she will return to her home country to wait out her 10-year ban, this is an option to discuss in more detail with an attorney.

Posted

Not likely under the facts you cite. Likely has to wait out the 10 years in Poland.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Posted

I agree with Mr. Hanlon. The US citizen daughter is a qualifying relative for purposes of petitioning for her to get a visa, but not for purposes of the I-601 waiver. She needs to show the requisite hardship to a parent or spouse who is a US citizen or permanent resident. How long the waiver takes often varies from consulate to consulate, because of how interviews are scheduled. You write that she is in Poland, so if she plans to emigrate from there, and IF she has a qualifying relative for the waiver (remember that the daughter does not count), I would suggest consulting an attorney who is familiar with processing at Warsaw. Good luck!

www.azitalaw.com - 312.641.0771 - The information above is general in nature and is not intended to create an attorney-client relationship between us. It is intended simply as background material, is current only as of its indicated date, and may not include important details and special rules that could be applicable to your case. You should consult an attorney directly before acting or refraining from action.

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14 comments

Asker

Posted

Mr. Thomann, I am getting mixed answers here. I though a spouse or a parent has to be a US Citizen and daughter does not qualify. Clarify.

Asker

Posted

Please and thank you.

Daniel Warren Thomann

Daniel Warren Thomann

Posted

The visa itself is something separate from the waiver. A person who qualifies for the visa will then have to qualify for the waiver in order to use the visa. Your grandmother's US citizen daughter (over age 21) is an "immediate relative" so that your grandmother can get a visa through her. Lawful permanent residents cannot petition for their parents, only citizens can. For an I-601 waiver, though, the qualifying relative (parent or spouse) can be either a citizen or permanent resident. A permanent resident spouse counts, but citizen daughters or sons do not. Does that help clarify things?

Asker

Posted

Thank you so much Mr. Thomann. So obtaining visitors visa at anytime is a possibility. This will be the B-2 visa I am sure. What does Visa through her mean? How is this a possibility. What is the waiver file number?

Daniel Warren Thomann

Daniel Warren Thomann

Posted

No, a B-2 visa is not an option, because the 10 year bar applies to any "admission" into the US, not just to her getting a green card. When I write "get a visa through her" I mean that the daughter can petition for her, and when I write that the visa and the waiver are separate I do not mean that she can get one or the other - she needs both. Think of it as buying an airplane ticket - you need to purchase the ticket, and then you need to print your boarding pass. Getting a visa (either a tourist visa, or "through the daughter", or in some other way) is like buying a ticket - it does not mean you can get on the plane. For persons subject to the 10 year bar, the waiver is "the boarding pass" that they need before they are allowed to get on the plane. I'm not sure what you mean by the "waiver file number".

Asker

Posted

What an explanation! Great. I understand. I meant to say what form number or visa type do I start with? And what waiver form is it? This question does not pertain to this but by any chance you speak fluent Spanish?

Asker

Posted

And what about the I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal

Daniel Warren Thomann

Daniel Warren Thomann

Posted

To start an application for a family-based visa you use form I-130, and if you have a qualifying relative for the waiver, you use form I-601 - however, completing these forms and providing all the necessary supporting documents might best be done through an attorney. Yes, I do speak fluent Spanish.

Daniel Warren Thomann

Daniel Warren Thomann

Posted

An I-212 is used when persons have been previously excluded or removed from the US or when they are subject to the "permanent bar" - it is not used when persons are only subject to the "10 year bar".

Asker

Posted

Thank you so much Mr. Thomann. Very professional and knowledgeable. I will contact you in the future to do business. I appreciate the help.

Asker

Posted

Fluent as in reading and writing as well?

Daniel Warren Thomann

Daniel Warren Thomann

Posted

Happy to help!

Daniel Warren Thomann

Daniel Warren Thomann

Posted

Yes. As my bio states, I was raised in Argentina and Uruguay.

Asker

Posted

Great, looking forward to working with you.

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