who can file for the i601A?

[Toxiichoney 11]

I have a friend who needs help, she file  i130 for her mother  who is approved now the problem is that her mom is in the USA and enter illegally , she wants to know if she can file 601A for her mother before her mom gets the interview. if not can her grandmother file for her mother even though she is the petitioner on the i130.

[Hypnos 6,576]

A child isn't a qualifying relative for either an I-601 or an I-601A when filing to overcome illegal presence. 

 

How long has the mother been illegally present in the US? Is this the only time she EWI'd and remained? 

Edited January 1, 2017 by Hypnos

[Toxiichoney 11]

1 minute ago, Hypnos said:

A child isn't a qualifying relative for either an I-601 or an I-601A when filing to overcome illegal presence. 

 

How long has the mother been illegally present in the US? Is this the only time she EWI'd and remained? 

 

1 minute ago, Hypnos said:

A child isn't a qualifying relative for either an I-601 or an I-601A when filing to overcome illegal presence. 

 

How long has the mother been illegally present in the US? Is this the only time she EWI'd and remained? 

 she enter USA about a 1 ago is the only time she's been present.

[EM_Vandaveer 2,408]

40 minutes ago, Hypnos said:

A child isn't a qualifying relative for either an I-601 or an I-601A when filing to overcome illegal presence. 

 

How long has the mother been illegally present in the US? Is this the only time she EWI'd and remained? 

What about the grandmother (presumably the mother's mother)?

I wonder if she's a USC or LPR living in the US?

OP did mention her.

[Toxiichoney 11]

 

1 minute ago, EM_Vandaveer said:

What about the grandmother (presumably the mother's mother)?

I wonder if she's a USC or LPR living in the US?

OP did mention her.

yes the mother's mother is a LPR living in US  thats the reason i ask if she can file while the daughter  has the i130 or does the mother need to file a new i130 petition 

[EM_Vandaveer 2,408]

50 minutes ago, Toxiichoney said:

 

yes the mother's mother is a LPR living in US  thats the reason i ask if she can file while the daughter  has the i130 or does the mother need to file a new i130 petition 

AFAIK the petitioner on the I-130 and the qualifying relative for the I-601A does NOT have to be the same person.

[Boiler 45,656]

Need a QR for a waiver.

[EM_Vandaveer 2,408]

3 minutes ago, Boiler said:

Need a QR for a waiver.

Yes. Wouldn't the LRR mother of the applicant work as a QR?

[Boiler 45,656]

No

[Toxiichoney 11]

17 minutes ago, EM_Vandaveer said:

Yes. Wouldn't the LRR mother of the applicant work as a QR?

QR is qualify relative? and if so does my friend grandmother be a QR since she is the mother of her mom?

[EM_Vandaveer 2,408]

18 minutes ago, Boiler said:

No

I thought a LPR parent was a QR. 

Is that only true if the applicant is under-21, or why won't a LPR parent work as a QR?

[Boiler 45,656]

Too many mothers mothers, a parent can be a QR, obviously harder in this case but possible,

[Hypnos 6,576]

The LPR grandmother could be a qualifying relative for the I-601/A, but then you have to demonstrate why it would be a hardship to the grandmother if the mother wasn't granted an immigrant visa. 

 

This isn't really a DIY case; competent guidance from an experienced immigration attorney would likely help here. 

 

As stated above, I don't think the qualifying relative needs to be the I-130 petitioner.