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My child was born in the us she is 16 , my dad has a citizenship, but he lives over seas , would I I-601A be helpful

Orange, CA |

my wife and I came to the united states 17 years ago , my daughter was born here, my dad have citizenship but he lives overseas , would i be legible for the I-601A .
p.s : i have my I-94

Attorney Answers 3


You value the life you built here in the US as evidenced by seeking answers to your immigration case here. You should definitely take the additional step and meet with an experienced immigration practitioner so the immigration attorney can evaluate ALL potential benefits available to you.

The goal of the provisional unlawful presence waiver process is to alleviate the extreme hardship certain U.S. citizens experience when they are separated for extended periods of time from their spouses, children, and parents (“immediate relatives”). To further this goal, USCIS will make the proposed unlawful presence waiver process available to immediate relatives (IRs) because there are no restrictions on visa availability for IRs and immigrant visas are always available to this group of individuals. USCIS also is limiting the provisional unlawful presence waiver process to U.S. citizens who can establish extreme hardship to a U.S. citizen spouse or parent. Those IRs who cannot establish extreme hardship to a U.S. citizen spouse or parent but can establish extreme hardship to a lawful permanent resident spouse or parent can still obtain a waiver through the current I-601 process, after their immigrant visa interview with a Department of State consular officer abroad.

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If you entered lawfully you'll be able to adjust (if youre otherwise eligible) status once your child is 21 years of age despite having been present in the us unlawfully. That would be much faster than having your father petition for you since that would take at least 10 years.

The provisional waiver only applies to those who are not eligible to adjust status and you might be once your child is old enough to sponsor you.

Of course you should have your case evaluated in a personal consultation as there are many nuances that could change your options.

The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at Contact us at 713.335.5505 or email at Veronica Tunitsky offers in-person, as well as telephone and email consultations.

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I agree with my colleagues. If you were admitted or paroled 17 years ago you may not need an I-601 waiver once your father's petition on your behalf becomes current. As one of my colleagues mentioned you could also wait for your daughter to apply on your behalf when she turns 21 and again may not need an I-601 waiver.

You should really contact an immigration attorney in your area to asses all of you options. Good Luck!

Otis C. Landerholm, Esq.

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