I-601 application

[Harb121 1]

My sister got her I-130 approved from her us citizen son she live out side USA now my question when is the best time to file the form of I-601 because she was here overstay more than one year

Thanks

[aleful 1,905]

hi

sorry but her son doesn't qualify for her to file the waiver

how long ago was it? he should have asked because she doesn't qualify for a waiver

she has to serve her 10 year ban or 3 year ban depending on how long she was here,, and then file for her

[Harb121 1]

Thank you for answering my question

[Harb121 1]

She has 10 year ban

But my question is why her son can't apply

For her waiver

[Boiler 45,638]

A son is not a qualifying relative, a qualifying relative is needed to file a waiver.

[aleful 1,905]

hi

if she reads the instructions for the i601, she will find out that she can file the waiver if the petitioner is a LPR or USC spouse or parent

or if she has a LPR or USC spouse or parent, then she could file the waiver

but children sponsoring parents don't qualify