Do IR2's qualify for I-601A? need help!!!!

[berenice_solis 0]

Hello everyone, I need advice asap.

I'm 26 years old now, my dad petition the I-130 for me when I was 20 years old(we let a lot of time pass I know, long story). I was recently scheduled an interview for next month(after Jan. 03, 2013) to ciudad juarez, but a lawyer advice me to postpone the interview and submit the I-601A since I'm protected by the Child Status Protection Act(CSPA) because my category is IR2. I called the 703 number and they told me that yes I can reschedule the interview.

My questions is how likely I am to be approved by the I601A, if I show extreme hardship?

I would really appreciate any advice or past experience, thank you!

[NigeriaorBust 4,087]

The extreme hardhsip is to the qualified US person . Just who is that in your case. Immigration doesn't care if it is a hardship to you not to be admitted

[jaycali 415]

The US does not care about hardship for the foreign beneficiary (you), they care about extreme hardship for the American petitioner (your dad). Simply put, your dad, the person petitioning for you, is the one who will have to prove extreme hardship in order for you to successfully have an I-601 waiver granted. This is lawyer territory.

Also, the likelihood of a 601 waiver to be approved depends entirely on the level of hardship shown, and the severity of the crime/violation in question. These two are weighed up against one another. For example, a one year overstay 5 years ago is much easier to overcome than a felony conviction.

Edited October 31, 2013 by jaycali

[berenice_solis 0]

Thank you both for replying!

I'm sorry I meant my dad would suffer from me leaving. Also, its for I-601A.

Thank you!