i-130 for mother

[Galindo 0]

My sister is a us citizen she will be 21 this september ..can she file for our mom now or does she hav to wait until shes 21? Our mom lives in the US. she enterd in 1991 so what forms will my sister have to file?

[Penguin_ie 5,994]

***** Moving from CR-1 spousal visa to Bringing Family of USC forum ****

[aaron2020 11,651]

Did mom enter legally?

[NigeriaorBust 4,087]

Yes she has to wait until she is 21. Did you mother enter on some sort of visa ? If not your mother will have to return home to interview and will have a ban to overcome which will require a waiver. If your mother entered legally and can prove it then she may not have to leave.

[Galindo 0]

No my mother enterd with out inspection illegaly...what other form do we need to file other then the i-130

[aleful 1,905]

hi

then she cannot file for her, she will have to leave the US to go through consular processing, once she leaves she will have a 10 year ban. she cannot file a waiver on a children's petition. does she have a LPR or USC spouse? then why doesn't he file for her?

[aaron2020 11,651]

Your sister must be age 21 in order to file for your mother. She cannot file now. She has to wait until she is 21 years old.

Since your mother entered without inspection, she cannot adjust status in the United States. Your mother will need to leave the US and wait for an immigration visa.

Here's the problem. So your mother has more than one year of unlawful presence in the US, she is subject to a 10 year ban. She will need to serve out the 10 years before she can qualify for an immigration visa.

Your sister cannot apply for a hardship waiver for your mom.

Sorry but there are no easy path to being legal in the US if a person enters illegally without inspection.

Edited January 11, 2014 by aaron2020

[Galindo 0]

But what about the unlawful present waiver...can my mother file for that waiver bf she leaves the country?

[Galindo 0]

But what about the unlawful present waiver...can my mother file for that waiver bf she leaves the country?

[dwheels76 5,468]

But what about the unlawful present waiver...can my mother file for that waiver bf she leaves the country?

No the waiver if filed after she is denied at interview at her countries embassy.

[aleful 1,905]

and she doesn't qualify as said, there are no waivers for parents petitioned by children

she would have to wait out the ban for 10 years, and then your sister could file for her, so it's not worth filing for her,

[Darnell 8,478]

But what about the unlawful present waiver...can my mother file for that waiver bf she leaves the country?

Ya, it's a special waiver form for Mexicans, the I-601A.

Usually, this is filed after I-130 approval, and the I-130 moves on to NVC.

she can stay inside the USA until the appointment is set in mexico, the visa interview. Might want to recheck if it's filable for a parent. I know it's filable for a spouse.

Edited January 12, 2014 by Darnell

[aleful 1,905]

Ya, it's a special waiver form for Mexicans, the I-601A.

Usually, this is filed after I-130 approval, and the I-130 moves on to NVC.

she can stay inside the USA until the appointment is set in mexico, the visa interview. Might want to recheck if it's filable for a parent. I know it's filable for a spouse.

hi

not true, the i601A provisional waiver is for spouses and unmarried children under 21 of USC who entered illegally in the country, no matter what country they are from, so it's not only for Mexicans

they can file the waiver and the hardship letter in country first, and go to the interview via consular processing in their country, instead of having first the interview and later the waiver.

there are no waivers for parents

[Darnell 8,478]

ah - got it - this not apply to parents. apologies...

[NigeriaorBust 4,087]

AS previously stated only parents and spouses can file hardship waivers. There is no waiver for parent of an adult US citizen. She can return to home and a year before the ban is over she could file and things would work out. If the mom gets caught and deported there would be no possibility of hardship waiver.