Family Breadwinner Overstayed Visa, Filed Successful Waiver Years Later, and Became Green Card Holder
May 17, 2025OUTCOME: APPROVED.
Manuel* had visited the United States many times and was determined to make a better life for himself and his wife. His wife, his children, and his in-laws all became legal permanent residents, leaving ... him the most ‘at-risk’. Despite being the most vulnerable, with determination and a strong work ethic, he was able to find work to support himself and his family. This coincided with Manuel’s mother-in-law facing increasing health problems and reliance on her daughter and son-in-law to help care for her, which became an essential part of his 601A waiver as to why he had to stay. Heather was able to prove Manuel’s mother-in-law would have no other adequate caretaker if he was deported nor could she realistically return to the family’s home country where she had no help. Even though Manuel had legally entered on a B2 and overstayed, since he was married to a permanent resident (LPR), he still had to consular process and use the long 601A unlawful presence waiver process. When his mother-in-law died mid process, his arguments had to change. Manuel successfully argued that he could not continue to be the financial breadwinner of the family if he was deported to Peru. If forced to leave for 10 years if the waiver was not approved, the entire family would suffer. Although he had overstayed his visa, with Heather’s assistance, to the delight of the family they were able to prove these are legitimate hardships and Manuel was granted his 601A waiver. He is now a permanent resident, working, and taking care of his family in the U.S. including helping his kids through college. *Name has been changed to protect client's privacy