I-601A Provisional Waiver help

[GomezE 0]

I-130 IR petition aug. 8, 2011. I turned 21 in feb. 2012.

I-130 approved Notice May 5, 2012 & haven't paid the visa fee. due to that I'm waiting for I-601A which it might be publish anyday now. Few questions:

***-has ANYONE been thru the visa process & the I-601 for Child of an US Citizen & been successful??? I really want to know. I can't find stories anywhere!!!! HELP!!!!

***Im 20 under CPSA but I'm turning 22 in feb. will this affect my CPSA status? HELP!!!!

[JimVaPhuong 4,863]

I-130 IR petition aug. 8, 2011. I turned 21 in feb. 2012.

I-130 approved Notice May 5, 2012 & haven't paid the visa fee. due to that I'm waiting for I-601A which it might be publish anyday now. Few questions:

***-has ANYONE been thru the visa process & the I-601 for Child of an US Citizen & been successful??? I really want to know. I can't find stories anywhere!!!! HELP!!!!

***Im 20 under CPSA but I'm turning 22 in feb. will this affect my CPSA status? HELP!!!!

The I-601A is brand spanking new. You're going to find very few people here who have any experience with it. Lots of people have been through the I-601 process at a consulate after being denied a visa. If the waiver is solely for an overstay ban then the odds of approval are pretty good, especially for a child brought to the US before they were 18 years old. Only time will tell if the circumstances are the same for the I-601A. There just isn't enough collective experience yet to know. Hopefully, you had a good immigration attorney assist with the I-601A preparation. People who go it alone with an I-601 or I-212 waiver application are often denied.

Your age was locked when the petition was filed, and it will remain locked virtually forever for any immigration path involving that petition. The only thing that would cause you to age out is if the approval of that petition is revoked for some reason, or you (for whatever reason) pursue immigration through a different petition filed after you were 21.

[GomezE 0]

Locked forever? What do you mean? cus I read that I only have a year to pursue a visa thru consular process? & the

I-601A is the same thing as the I-601. Only difference is that it will filed in state & you can wait here until its approved or deny but everything else for the waiver is the same I need to show extreme hardship which is where my attorney(in Miami) & another attorney that I consult that specializes in waivers(in Chicago) have told me is hard to show since my dad is healthy & he makes a good salary. That's where I'm concern.

[Brother Hesekiel 2,235]

An I-601 (and certainly the I-601A) waiver is not even do-it-yourself territory for someone who is very versed in the English language and has a broad understanding of the process. One notable exception would be Ciudad Juarez, as they process plenty of those waivers and are rather lenient about the format.

I don't know if Jim would attempt an I-601 on his own; I surely wouldn't.

But if you have retained an immigration attorney who is specialized in waiver cases, you should follow his advice. Yes, your father will need to prove that you not being able to live with him would pose an incredible hardship on him. He would also have to prove that there's no way for him to move to Ecuador so that you could take care of him there. If that's not the case, meaning if you have a healthy dad who is not like a potato in a wheelchair and you are not his sole provider and caretaker, then your attorney will have to work hard for his money. But even a waiver attorney is not a miracle worker; he too has to work within the framework of the law.

[GomezE 0]

Me either that's why I had seen attorneys from around the country (a lot money on those appointments). & reason I haven't applied yet or else I would've been gone & back a long long time ago cus yea dad is healthy, good salary which I don't think I'm gonna make the same amount money even with my bachelors lol so he is good by himself. & I know it doesn't count but I can't live there! dictartorship like goverment. Not allies w/USA plus Idk where I would stay since from what I know I only have a mental ill aunt & a great-great grandpa(103) im kinda like a guy without a country lol & does ANYONE know cases for child of us citizen waivers been approved?? I only find spouse cases & mostly are Mexicans or Europeans, none from south America?? I'm going to apply anyways if not approved, getting a student visa to England & finish my studies there & since language barrier is not present, I'll be good.