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.
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.
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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.
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