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Asked 4 months ago - Los Angeles, CA
FlagMy mother is in removal procedure, and I have submitted an I130 for her that has been approved. Does she qualified for a waiver under misrepresentation? will she have to leave the country? can she be eligible to change her legal status here in the US
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Waiver requires a showing of extreme hardship on the part of a qualifying relative - US citizen or permanet resident spouse or parent. (Note that the new 601A unlawful presence provisional waiver requires the qualifying relative - spouse or parent - to be a US citizen.). In this situation, she will apply for the 601 waiver (not 601A waiver) before the immigration judge and she will apply for it here, not outside the U.S. If the waiver is granted (assuming there is a qualifying relationship), she can apply for adjustment of status based on your approved I-130 petition. This is complex - she must be represented by a lawyer in court.
