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Do I qualify for I-601 Waiver?

Los Angeles, CA |

My grandmother overstayed her tourist visa for 2 years. She has came back to her home country (Poland) about 5 years ago and has gotten a 10 year bar on her visa. She is now living in Poland. I am trying to explore her options on how she can legally come back to the United States. Does she qualify for the I-601 Waiver? What are her other options? How long will the process take? Thank you in advance.

Her daughter is a US Citizen and has been living here for 12 years. I also wanted to know what is the denial rate.

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Attorney answers 3

Posted

The denial rate varies greatly depending on the specific circumstances of each case. The U.S. citizen daughter can petition her mother (your grandmother) and later file a waiver in regards to your grandmother's 10-year ban. Extreme hardship to the daughter would need to be proven in the case that her mother cannot immigrate. This is difficult to do, but not impossible. Speak to an attorney with experience in waivers and consular processing.

Serving Clients in All 50 States -- Khurgel Immigration Law Firm -- Attorney Khurgel is a Former USCIS and Department of State Embassy Officer. Address: 4199 Campus Drive, Suite 550 Irvine, CA 92612. Email: info@khurgel.com Office: (949) 509-6515 Direct: (949) 535-6331 Fax: (949) 509-6599. Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Remember, this site is akin to an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance.

Jeff L. Khurgel

Jeff L. Khurgel

Posted

Just to clarify, as the facts are a bit confusing: the specific waiver for a visa applicant that it sounds like you're talking about here (for unlawful presence) would need extreme hardship to a parent or spouse who is a US Citizen or green card holder. In your case, the visa applicant's only qualifying relative appears to be her daughter. This means she (grandmother) wouldn't qualify for the waiver unless she had a spouse or parent citizen/resident for whom extreme hardship could be shown.

Asker

Posted

Understood Mr. Khurgel, So in all result she does not qualify for the I-601? Are there any other waivers or options?

Jeff L. Khurgel

Jeff L. Khurgel

Posted

The grandmother can consider a nonimmigrant visitor's visa and an accompanying nonimmigrant visa waiver. This will be difficult to get approved as there will be a strong suspicion of immigrant intent. Having said that, if the grandmother is able to prove strong ties to her home country and that her visit is, indeed, only going to be temporary, and that following it she will return to her home country to wait out her 10-year ban, this is an option to discuss in more detail with an attorney.

Asker

Posted

Thank you Mr. Khrugel very professional and informative!

Posted

Repeat question, asked and answered before.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Posted

To qualify for the waiver, an applicant must have either spouse or a parent in the U.S. and a family-based petition filed on his or her behalf. It is not clear from your post whether you want to bring your grandma here to visit, or permanently. For non-immigrant visas, there is a different waiver procedure that does not involve I601 application.

Nothing in this post shall be construed as a legal advice. If you need advice regarding your particular situation, please contact my office directly. This information is transferred without an intent to creat an attorney-client relationship.

Asker

Posted

Then I suppose she does not qualify for the I 601 since her daughter is a US citizen and not a spouse nor parent. But since she has a 10 year ban doesn't that stop her from coming to the USA temporarily? As Mr. Khurgel said "aving said that, if the grandmother is able to prove strong ties to her home country and that her visit is, indeed, only going to be temporary, and that following it she will return to her home country to wait out her 10-year ban."

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