I worked on a cruise ship for 6 years. Then after my last assignment in Miami in 2002, I didn't re-board the ship & decided to stay in the U.S. I was never petitioned before, so I was told I don't have 245i to get the green card. My 27 year old daughter married a citizen 4 years ago & recently naturalized. She wants to petition for me, but was told I would have to apply for a provisional waiver & go back home first if approved. My husband was a tourist who overstayed. He will be able to get his green card here in America. But can I use him for my provisional waiver once he gets his green card? Or do I really have to wait until he becomes a citizen too?
To qualify under the provisional waiver program he qualifying waiver must be U.S. citizen spouse. Parents and children do not qualify, nor do LPR spouse's.
I would be interested in the details of how you entered the United States. While it would appear that you are a crewman who is ineligible for adjustment of status, sometimes it is possible to re-classify you as a non-crewman thereby making you eligible for adjustment by virtue of your daughter. All is not how it often seems when it comes to crewman issues.
Consult with an immigration attorney experienced in crewman issues who can review your case in detail, advise you as to the options available, and how best to proceed.
Hello. Since you worked on the cruiseship it does appear that you are barred from adjusting status in the U.S. as a crewman. However, I would have this evaluated by an experienced immigration attorney. And you are correct, if a provisional waiver is needed and your husband becomes a lawful permanent resident, then he would become your qualifying relative necessary for the provisional waiver. However, please note that the standard for this waiver is "extreme" hardship; a very high standard. Please have an immigration expert evaluate your case. Best of luck to you.
Greetings. The provisional unlawful presence (¨stateside¨) waiver is only available for spouses of US Citizens, not LPRs. Your case is further complicated by the fact that you appear to have remained after entering (or ¨jumping ship¨) on a C1/D crewman visa. Unless you also had a dual B1/B2 visa or other limited exceptions apply, you would be barred from adjusting status. I strongly suggest that you consult with an immigration attorney in person. Best of luck!
This is a very complex matter, in part because you may have entered as a crew member, and in part because you do not currently have a qualifying relative. Your best bet at this point would be to discuss the individual details of your case with an experienced immigration attorney. Best of luck!
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