Do I qualify for I-601 Waiver?

Asked about 1 year ago - 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.

Additional information

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

Attorney answers (5)

  1. Daniel Warren Thomann

    Contributor Level 15

    4

    Lawyers agree

    Answered . 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... more
  2. Daniel Patrick Hanlon

    Pro

    Contributor Level 20

    5

    Lawyers agree

    1

    Answered . 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.

  3. Jeff L. Khurgel

    Pro

    Contributor Level 19

    5

    Lawyers agree

    Answered . 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... more
  4. Alexus Paul Sham

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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... more
  5. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,815 answers this week

3,122 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,815 answers this week

3,122 attorneys answering