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USCIS Final Rule to Support Family Unity During Waiver Process Can a 2 year old USC child apply for her Undocumented parents

Allentown, PA |

Does the Child need to be 21?
What are the immigration requirments?

Attorney Answers 3


  1. Best answer

    Yes, the child must be 21. Additional point to consider is that those who need a waiver (who can't adjust in the us) must show extreme hardship to a qualifying relative. The provisional waiver program considers only us citizen spouses or parents to be qualifying relatives. So, even if your child could sponsor you, you don't seem to have a qualifying relative under the provisional waiver program.

    The only time you can use a child as a qualifying relative is if the reason for your inadmissibility is criminally related (and you would have to pursue a refular I-601 waiver not the provisional waiver if that is the case since only persons whose SOLE ground of inadmissibility is unlawful presence are eligible for the provisional waiver.

    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 www.tunitskylaw.com. Contact us at 713.335.5505 or email at veronica@tunitskylaw.com. Veronica Tunitsky offers in-person, as well as telephone and email consultations.


  2. Yes, the child must be 21. The requirement is for the child to be a US citizen and earn enough money to support the parents at 125% of the poverty rate.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  3. I agree with the analyses of my colleagues

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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