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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

  1. 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.

  2. 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 (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.

  3. 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: 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.

  4. 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.

  5. 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! - 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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