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Do I qualify for I-601 Waiver?

Los Angeles, CA |

My grandmother overstayed her tourist visa for 2 years. She has came back to her home country (Poland) 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. I also wanted to know what is the denial rate.

Attorney Answers 3


  1. The denial rate varies greatly depending on the specific circumstances of each case. 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.


  2. Repeat question, asked and answered before.

    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.


  3. To qualify for the waiver, an applicant must have either spouse or a parent in the U.S. and a family-based petition filed on his or her behalf. It is not clear from your post whether you want to bring your grandma here to visit, or permanently. For non-immigrant visas, there is a different waiver procedure that does not involve I601 application.

    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.

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