Unlawful Presence Waiver

[belinda63 2,981]

Here is the link to the waiver. It is the I-601. There is more to it than filling out the form. Evidence of the hardship must also be submitted with it. Your mother would need to submit proof that she is a US legal permanent resident (LPR) or US citizen.

Pay close attention to the last few pages of the instructions which define what evidence should be submitted to prove "extreme hardship". It is going to be very difficult to prove if your mother is living in the same country as your father since the entire purpose of the waiver is to prove she cannot live with your father anywhere except in the US and it would be an extreme hardship to her if he were not permitted to immigrate to the US.

You might be better off hiring an attorney to do this for you.

[Ghani1992 0]

Thanks Belinda!

[Boiler 43,433]

For the sake of clarity OP will petition his father, mother will be QR for the waiver.

Obviously it requires a bit more creativity with the waiver, can be done.

[Ghani1992 0]

Thanks boiler. I petitioned my father already. He made it to tbe interview and was refused because of the 10 year bar.

[Boiler 43,433]

Presumably he was told that a waiver could be filed?

[mui23 0]

I have my 601 waiver approved and now I am here in philippines waiting for my visa.

There are 2 steps to do. I forgot how u call the 1st step but the 2nd step was about proving the extreme hardship the petitioner (US citizen spouse or children)will experience without the beneficiary. My lawyer sent my husband to a psychologist to have him evaluated for the hardship he would experience with me..this will help for the "extreme hardship part." Then she asked us to gather all evidence that we are married and leaving in a house together. We are married for 12 years by the way so it is very easy to prove in our part. Step 2 is the hardest part of the journey. And now of course, the waiting game with my visa released.

Best of Luck

[mui23 0]

I mean... *he would experience WITHOUT me*

Sorry for that typo.

[mui23 0]

It is better to seek for an Immigration Lawyer's help.

[belinda63 2,981]

The biggest problem here is the wife and husband are currently living and have been living together in Pakistan. The issue is how will she prove extreme hardship when she chose to move to the US and leave him in Pakistan. And of course how can she prove she can no longer live there?

[Boiler 43,433]

True

But I have seen it done.

[Ghani1992 0]

My siblings and I are all u.s citizens. My parents have been married for 25 years now. My father was the breadwinner while living in the u.s for 20+ years and my mother was the housewife. My siblings are are demanding to move back to the u.s and my youngest sibling is only 12. Surely a case can be made for extreme hardship since my mother has never worked and someone has to look after the kids. What do you people think?

[Ghani1992 0]

Thank you mui for sharing your experience and yes boiler he was told that he is eligible for a waiver

[hatedawait 4]

My siblings and I are all u.s citizens. My parents have been married for 25 years now. My father was the breadwinner while living in the u.s for 20+ years and my mother was the housewife. My siblings are are demanding to move back to the u.s and my youngest sibling is only 12. Surely a case can be made for extreme hardship since my mother has never worked and someone has to look after the kids. What do you people think?

Although it is ok to ask people here for their opinion but do not take any advice literally because only an expert lawyer can give you an answer on that. And do talk to few lawyers and not only one, which will give you an idea if it can done and how hard or easy it will be to win it

[kausar 26]

Although it is ok to ask people here for their opinion but do not take any advice literally because only an expert lawyer can give you an answer on that. And do talk to few lawyers and not only one, which will give you an idea if it can done and how hard or easy it will be to win it

yes. you need an attorney as its not easy to DIY. be careful while choosing a lawyer. Seek recommendations from others who have used professional services. consult few lawyers before selecting one. An incompetent lawyer may spoil your case. Good Luck and keep posting updates.

[Ghani1992 0]

Thanks you two! I'll keep that in mind.