How can I file i-601 waiver

[LoveMyTico 999]

The daughter is not a qualifying relative for an overstay

[newacct 688]

The daughter is not a qualifying relative for an overstay

I didn't say she was. You are confusing two completely unrelated things: the petitoner for the petition, and the qualifying relative for the hardship waiver to get a visa.

[LoveMyTico 999]

I didn't say she was. You are confusing two completely unrelated things: the petitoner for the petition, and the qualifying relative for the hardship waiver to get a visa.

The op would have to check into that one. I think the current petition would be cancelled and the father would petition for the mother after they marry.

It would be a little sketchy if the father marries the mother after the interview . I'd definitely get a lawyer for this one.

I'm not sure how they filed taxes together if they weren't married. If they filed married joint then that would be incorrect.

[EM_Vandaveer 2,370]

The petitioner for an I-130 and the qualifying relative for an I-601 waiver does NOT have to be the same person.

[newacct 688]

The op would have to check into that one. I think the current petition would be cancelled and the father would petition for the mother after they marry.

It would be a little sketchy if the father marries the mother after the interview . I'd definitely get a lawyer for this one.

I'm not sure how they filed taxes together if they weren't married. If they filed married joint then that would be incorrect.

First of all, the petition will never get "cancelled" -- the petition has already been approved, and will remain alive as long as it is touched at least once a year. The petition only concerns the relationship between the petitioner and the beneficiary, and that relationship is not in dispute and will not change over time. Your mother does not stop being your mother because she cannot get a visa. Your mother is your mother even if she can never come to the US.

Getting a visa is a separate thing from the petition. The mother cannot get a visa right now due to a ban. That ban can be waived based on hardship to her LPR spouse after they marry. Whether they will need to make a new visa case at the consulate is another matter.

[Jawaree 717]

She was not approved due to her stay in the US illegal for 26 years.

A child cannot waiver an overstay parent, only if that parent had a waivable criminal charge, where is dad? if she was married in the US her spouse can waiver her,

did you use an atty. she should not left for embassy interview she triggered the bar when she left...

She can keep her I 130 active in the meantime by contacting NVC annually

Edited May 15, 2016 by Jawaree

[caliliving 606]

i wonder why she left after so many years with all her kids here? was it a mistake? not trying to be mean, but i know alot of mexicans here with families and once they got over that border they are not going back. especially since they have kids born here ect.

regardless.. she can only AOS currently through marriage to a US Citizen.. so if she is married then she files i130 and i485 and they will get deneid based on her overstay/illegal entry and then she files the waiver i601.. i recommend a good waiver lawyer.

[Boiler 43,714]

Deported?

[aleful 1,905]

i wonder why she left after so many years with all her kids here? was it a mistake? not trying to be mean, but i know alot of mexicans here with families and once they got over that border they are not going back. especially since they have kids born here ect.

regardless.. she can only AOS currently through marriage to a US Citizen.. so if she is married then she files i130 and i485 and they will get deneid based on her overstay/illegal entry and then she files the waiver i601.. i recommend a good waiver lawyer.

hi,

if you re read the OP, you will notice that she had her interview in Cd Juarez, Mexico, she left the US and was denied the visa due to the 10 year ban

if she was married to the father of her children, which she has been living with over 20 years and is a LPR, he would qualify for the hardship letter and for her to file the waiver

[caliliving 606]

hi,

if you re read the OP, you will notice that she had her interview in Cd Juarez, Mexico, she left the US and was denied the visa due to the 10 year ban

if she was married to the father of her children, which she has been living with over 20 years and is a LPR, he would qualify for the hardship letter and for her to file the waiver

ok why would she leave the US tho? was it voluntary or deported? and she would have known about the 10 year ban at htis point, so to leave to get denied with no plan in place. and if she was in USA for 20 years illegally why would she suddenly want to be legal? hmmm... maybe i am confused, but if she was not legally married and she left to go to an interview for immigraiton where she knew she couldnt get back in? i think this is weird haha she was probably deported and then this all makes much more sense. ..

aka she was deported and never married and now trying to figure out a way back into USA

[Beliza23 1]

No my mother left on her own no deportation she left before her interview due to family emergency my grandmother was in her last days. In the interview they asker about that as well.

Thank you for the support an all the information is breaking my heart to think she can be out for 10 years.

[caliliving 606]

No my mother left on her own no deportation she left before her interview due to family emergency my grandmother was in her last days. In the interview they asker about that as well.

Thank you for the support an all the information is breaking my heart to think she can be out for 10 years.

ok but why did she not get legally married? and if she was not married, what was her interview for? if she gets married to a USC (he can marry her in mexico) then she can get the paperwork processed and a 601 hardship waiver... if she does not get married she will have to wait out her 10 year ban and then get petitioned by a child, but that is in a different category then a spouse and can take even longer.. i think the wait for a child to a parent sponsor is 10 years... i am not sure if she can start that paperwork now with her ban?

[caliliving 606]

oh i think i understand now.. you (her son) applied for your mom and she had the interview and went to it.. yikes! because i dont think her (or you) understood that her overstay and illegal entry would not allow her to get a hardship waiver through a child, she can only do that through a spouse... this should have all been prepared ahead of time:/

so she left the country to go to her interview for a greencard through a child, but unfortunately, she cant get one due to her overstay and no hardship waiver is available for this.

she should have consulted with an attorney before she left the country.

looks like she needs to wait out her ban, and you need to reapply (or her 'husband' needs to marry her and do the hardship that way)

[aleful 1,905]

No my mother left on her own no deportation she left before her interview due to family emergency my grandmother was in her last days. In the interview they asker about that as well.

Thank you for the support an all the information is breaking my heart to think she can be out for 10 years.

hi

there is still a chance, if your parents never married, neither in the US or Mexico, why can't your dad go to Mexico and marry your mom?

I'm not sure if he can file a waiver with your petition, but if not, he can certainly file a new petition for her and in 2 years, file the waiver for her and him do the hardship letter, of course, keeping the relationship alive, your dad visiting her as much as he can. and maybe taking your youngest brother to Mexico to see his mom?

at least it would be better than waiting 10 years for her ban to be up

[EM_Vandaveer 2,370]

ok but why did she not get legally married? and if she was not married, what was her interview for? if she gets married to a USC (he can marry her in mexico) then she can get the paperwork processed and a 601 hardship waiver... if she does not get married she will have to wait out her 10 year ban and then get petitioned by a child, but that is in a different category then a spouse and can take even longer.. i think the wait for a child to a parent sponsor is 10 years... i am not sure if she can start that paperwork now with her ban?

The LPR father of OP (father of children of intending immigrant) could marry her, too. USC or LPR would suffice, not only USC. He could be the qualifying relative for the waiver.

OP does your father want to marry your mother so HE can be the qualifying relative for the waiver? That way, your mother would not have to stay outside of the country for 10 years.