sposoring son

[renny745 1]

Sounds like he is talking about an in country I 601.

I do not see how it is applicable in this case.

I would file as a permanent resident and instead of consular processing, and going back to the country, the lawyer will use the i-601 so my son can adjust in the U.S. under f2a category.

"Purpose of Form :

An alien who is ineligible to be admitted to the United States as an immigrant or to adjust status in the United States, and certain nonimmigrant applicants who are inadmissible, must file this form to seek a waiver of certain grounds of inadmissibility." uscis

[Boiler 43,433]

Speak to another lawyer.

[apple21 953]

"Purpose of Form :

An alien who is ineligible to be admitted to the United States as an immigrant or to adjust status in the United States, and certain nonimmigrant applicants who are inadmissible, must file this form to seek a waiver of certain grounds of inadmissibility." uscis

Your son is eligible for a visa, an F2A visa. IMO, you're running around in circles.

Edited November 22, 2012 by apple21

[renny745 1]

Your son is eligible for a visa, an F2A visa. IMO, you're running around in circles.

I would file as a permanent resident and instead of consular processing, and going back to the country, the lawyer will use the i-601 so my son can adjust in the U.S. under f2a category.

"Purpose of Form :

An alien who is ineligible to be admitted to the United States as an immigrant or to adjust status in the United States, and certain nonimmigrant applicants who are inadmissible, must file this form to seek a waiver of certain grounds of inadmissibility." uscis

He is already in the u.s. , i will file for him, and use the 601 so he wouldnt have to go back to our country for consular processing, and itll let him adjust in the u.s.

[JimVaPhuong 4,863]

I would file as a permanent resident and instead of consular processing, and going back to the country, the lawyer will use the i-601 so my son can adjust in the U.S. under f2a category.

"Purpose of Form :

An alien who is ineligible to be admitted to the United States as an immigrant or to adjust status in the United States, and certain nonimmigrant applicants who are inadmissible, must file this form to seek a waiver of certain grounds of inadmissibility." uscis

He is already in the u.s. , i will file for him, and use the 601 so he wouldnt have to go back to our country for consular processing, and itll let him adjust in the u.s.

No. The I-601 is an application to waive an inadmissibility. An in-country I-601 is filed presumably to waive an inadmissibility that's obstructing an application for an immigration benefit. An inadmissibility is not your son's problem. His current immigration status is his problem. Section 245 of the INA states:

Other than an alien having an approved petition for classification as a VAWA self-petitioner, subsection (a) shall not be applicable to... an alien (other than an immediate relative as defined in section 201(b) or a special immigrant described in section 101(a)(27)(H) , (I) , (J) , or (K) ) who hereafter continues in or accepts unauthorized employment prior to filing an application for adjustment of status or

who is in unlawful immigration status on the date of filing the application for adjustment of status or who has failed

(other than through no fault of his own or for technical reasons)

to maintain continuously a lawful status since entry into the United States

;

The "subsection a" this section refers to is the prerequisites for adjustment of status. The bolded part is the important stuff. This has nothing to do with any inadmissibility - that's covered in "subsection a". This is saying that an alien who doesn't currently have lawful status or who has failed to maintain their lawful status is not eligible to adjust status. The "other than" exceptions preceding that statements says that this requirement doesn't apply to VAWA self-petitioners, certain special immigrants (your son doesn't fall into any of those categories), or immediate relatives of US citizens.

Your attorney is wasting his time. An in-country I-601 would waive an inadmissibility for unlawful presence, but it won't overcome the section 245 requirement that an alien be lawfully present and have maintained their lawful presence since entering at the time they file to adjust status. If you're going to continue to trust this attorney then I suggest that you pin them down on this and ask for an explanation how exactly an I-601 is going to overcome the section 245 requirements for lawful presence. An I-601 is a not a general purpose waiver for circumventing any random requirement in the law. It's a waiver only for specific types of inadmissibility. As I said, your son's problem is not an inadmissibility. Your son's problem is that he doesn't meet all of the requirements for adjustment under section 245.

[aaron2020 11,651]

I would file as a permanent resident and instead of consular processing, and going back to the country, the lawyer will use the i-601 so my son can adjust in the U.S. under f2a category.

"Purpose of Form :

An alien who is ineligible to be admitted to the United States as an immigrant or to adjust status in the United States, and certain nonimmigrant applicants who are inadmissible, must file this form to seek a waiver of certain grounds of inadmissibility." uscis

He is already in the u.s. , i will file for him, and use the 601 so he wouldnt have to go back to our country for consular processing, and itll let him adjust in the u.s.

There is a perfectly good and legal way for your son to immigrate and live in the US; send him home to wait for an immigration visa. You don't seem to consider this to be a viable option as you would rather let your son violate US immigration laws with the expectation that it would be forgiven with a waiver. You are playing a very dangerous game that is going to leave your son without a green card, ability to go to school, ability to work, etc.

If you believe this attorney can "fix" your son's immigration problem, then you are going to be sorely disappointed. He'll take your money and there is nothing you can do when your son does not get a green card because he choose to live in the US illegally.

Edited November 22, 2012 by aaron2020

[apple21 953]

There is a perfectly good and legal way for your son to immigrate and live in the US; send him home to wait for an immigration visa. You don't seem to consider this to be a viable option as you would rather let your son violate US immigration laws with the expectation that it would be forgiven with a waiver. You are playing a very dangerous game that is going to leave your son without a green card, ability to go to school, ability to work, etc.

If you believe this attorney can "fix" your son's immigration problem, then you are going to be sorely disappointed. He'll take your money and there is nothing you can do when your son does not get a green card because he choose to live in the US illegally.

Exactly.

Oh well, enough advice has already been given. Its OP's ball game now.