I have an I-130 petition approved for my mother, is she eligible for a waiver under misrepresentation?

Asked over 1 year ago - Los Angeles, CA

My 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

Attorney answers (3)

  1. Samuel Patrick Ouya Maina

    Contributor Level 19

    3

    Lawyers agree

    Answered . She may be. Do you have an attorney who is representing her before the Court? They would be in the best position to advise you. If she does not have counsel, I strongly suggest you consult with one now.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  2. Mary Carmen Remigio Madrid-Crost

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . 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.

    Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw 10 S. La Salle Street,... more
  3. F. J. Capriotti III

    Contributor Level 20

    2

    Lawyers agree

    Answered . As my colleagues pointed out ... waivers are VERY DIFFICULT to obtain.

    Hire a lawyer, don't try to go to court without professional help.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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

Get free answers from experienced attorneys.

 

Ask now

27,289 answers this week

2,976 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

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

27,289 answers this week

2,976 attorneys answering