LPR Mother applying for out-of-status adult, single Son.

[belinda63 2,981]

He will have to return to his home country for the medical and interview. At that time he will be denied the visa and offered the opportunity to have a waiver filed for him (provided everything else goes ok). At that time the waiver can be filed. Then he waits, outside the US, until the waiver is approved, then he get his visa.  That is if everything goes ok.

[Eva75 4]

There is another waiver that he can apply for in US...This is I601a...After i-130 approval he can apply for it...

Here is a link:

https://www.uscis.gov/i-601a

http://www.visalaw.com/abcs-of-immigration-i-601a-provisional-waiver/

[Dreamer90 1]

7 minutes ago, belinda63 said:

He will have to return to his home country for the medical and interview. At that time he will be denied the visa and offered the opportunity to have a waiver filed for him (provided everything else goes ok). At that time the waiver can be filed. Then he waits, outside the US, until the waiver is approved, then he get his visa.  That is if everything goes ok.

Thanks for your input Belinda. But, After 2016 they implemented  The provisional unlawful presence waiver. It was expanded to all individuals statutorily eligible for an immigrant visa and a waiver of inadmissibility for unlawful presence in the United states with his new law I’ll be able  to apply for that waiver in the United States before he departa for their immigrant visa interview.

 

the process that you mentioned was prior to the expansion. I think 

[Dreamer90 1]

10 minutes ago, Eva75 said:

There is another waiver that he can apply for in US...This is I601a...After i-130 approval he can apply for it...

Here is a link:

https://www.uscis.gov/i-601a

http://www.visalaw.com/abcs-of-immigration-i-601a-provisional-waiver/

Thank you so much for that article! That was very nice of you. 

[portorusa 431]

Negative comments aside, isn't your son eligible for DACA?

[Dreamer90 1]

27 minutes ago, portorusa said:

Negative comments aside, isn't your son eligible for DACA?

He was eligible but he was a bit afraid on what will the next president do with this executive order. And then Trump showed his stance on DACA. And my son decided not to apply. 

[belinda63 2,981]

True, I am not completely familiar with the I-601a and did not think it would apply to adult children, I am corrected.

He will still need to return for consular processing and he will incur a 10 year ban when he leaves which is what the waiver is for. You will need a good attorney to do the waiver for you as it needs to show extreme hardship to you and/or dad if he is not allowed to obtain a green card. 

[R1CH1991 247]

I don’t know how to comment on this. I don’t want to throw any negativity your way but it leaves a sour taste in my mouth whereas me and my wife have been patiently waiting in line. It’s disheartening when people jump the line and expect the system to facilitate it. 
 

I don’t know you, and I’m sure you’ve gone through a lot too, but if everyone did what you do, we’d be in a mess.

 

Whos the daft one though. You that have your family together or me whose 3.981 miles away from my wife and have been for going on for five years now of long distance. 
 

👎

[SusieQQQ 11,584]

35 minutes ago, R1CH1991 said:

I don’t know how to comment on this. I don’t want to throw any negativity your way but it leaves a sour taste in my mouth whereas me and my wife have been patiently waiting in line. It’s disheartening when people jump the line and expect the system to facilitate it. 
 

I don’t know you, and I’m sure you’ve gone through a lot too, but if everyone did what you do, we’d be in a mess.

 

Whos the daft one though. You that have your family together or me whose 3.981 miles away from my wife and have been for going on for five years now of long distance. 
 

👎

It leaves a sour taste in the mouth of many, trust me. Even people who are generally very pro-immigrant can see the need for certain immigration reforms to prevent incentives like this.

[Waiting_4Ever 9]

39 minutes ago, R1CH1991 said:

I don’t know how to comment on this. I don’t want to throw any negativity your way but it leaves a sour taste in my mouth whereas me and my wife have been patiently waiting in line. It’s disheartening when people jump the line and expect the system to facilitate it. 
 

I don’t know you, and I’m sure you’ve gone through a lot too, but if everyone did what you do, we’d be in a mess.

 

Whos the daft one though. You that have your family together or me whose 3.981 miles away from my wife and have been for going on for five years now of long distance. 
 

👎

Either way, whether the son is here in the U.S. (illegally) or outside the U.S., when the mother applied for her son, the son's priority date in the application would still be the same and would not affect, what you consider jumping the line. 

In both cases, whether the son is in U.S. or outside U.S., he would till be categorized under F2B with the same priority date.

 

1. The only case the son needs to go back is because, to get a visa, the applicant (the son) needs to face an immigration officer when he was entering the U.S. (Did not happen)

2. Even if he had DACA, he might not be able to adjust his status because he did not face an immigration officer when entering the U.S. (I might be wrong on this)

 

[Boiler 43,499]

As the I 601a has been mentioned and for the sake of clarity, it is not synominous with the I 601 and is not able to waive as wide a range of issues as the I 601 can.

[Marieke H 2,314]

47 minutes ago, Waiting_4Ever said:

Either way, whether the son is here in the U.S. (illegally) or outside the U.S., when the mother applied for her son, the son's priority date in the application would still be the same and would not affect, what you consider jumping the line.

I think "jumping the line" referred to the whole family immigrating on a tourist visa.

 

OP, good luck. Your son will have to go back to your home country for consular processing. Use the search function on this website and you'll find lots of experiences from others.

[Ontarkie 13,918]

~~Hijack post removed. Please start your own thread is you have questions for your own case.~~

[geowrian 22,335]

Yup, used the system real good. And that's why so many other's loved ones after them have such a hard time even coming for a visit now.

The son even had a way to stay in the US until the PD was current to avoid the ban (DACA). It seems nobody wanted to do things the right way until hard pressed against the wall with no other option. 🤷‍♂️

 

If he is eligible for the visa and with no other inadmissabilities, the I-601A is an option.

If he has any other inadmissabilities, the I-601A won't cover those + the I-601A will no longer be in effect. Am I-601 would be needed at that time (assuming the inadmissibilities are all waivable - not everything is).

[Visitor User 236]

7 hours ago, Dreamer90 said:

He was eligible but he was a bit afraid on what will the next president do with this executive order. And then Trump showed his stance on DACA. And my son decided not to apply. 

Can he apply for DACA now? Thousands of Dreamers applied for DACA so what is the worst that can happen? DACA ends and he would be in the same status he was before. At least, with DACA you get a EAD and be able to work and drive. I believe he needs to file the I-601A Waiver and prove Extreme Hardship to waive the 3/10 ban if he were to depart USA and do CP. I have seen many get approved. Hire a lawyer if you have to. 

Edited January 23, 2020 by Visitor User