Announcement

Collapse
No announcement yet.

who are qualified relatives when filing for I-601 waiver?

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • who are qualified relatives when filing for I-601 waiver?

    My mother had an approved petition and I filed for green card application for her few years ago.When she went for the interview she was denied/disapproved,the reason: they said she overstayed for more than 180 days and so recently we received a notice from USCIS stating that we can file for a waiver,form I-601 and write a letter of extreme hardship..it stated their that the USC or permanent resident spouse or parent/parents should file for this waiver..my question is my father died 2 years ago and my grandparents died years ago and so my mom has no one to turn to except me.Can I file a waiver for my mother?

  • #2
    My mother had an approved petition and I filed for green card application for her few years ago.When she went for the interview she was denied/disapproved,the reason: they said she overstayed for more than 180 days and so recently we received a notice from USCIS stating that we can file for a waiver,form I-601 and write a letter of extreme hardship..it stated their that the USC or permanent resident spouse or parent/parents should file for this waiver..my question is my father died 2 years ago and my grandparents died years ago and so my mom has no one to turn to except me.Can I file a waiver for my mother?

    Comment


    • #3
      I think just spouse of USC or LPR.
      "Being all fashioned of the self-same dust let us be merciful as well as just"
      Henry Wadsworth Longfellow

      Comment


      • #4
        I am the petitioner and my mom is my sole responsibility;I would not be able to continue working if my mom has to go back home.She takes care of my 3 children and it will extremely be hard for me because i just had a baby last Dec.Thanks for the replies.

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by mariasargent:
          I am the petitioner and my mom is my sole responsibility;I would not be able to continue working if my mom has to go back home.She takes care of my 3 children and it will extremely be hard for me because i just had a baby last Dec.Thanks for the replies. </div></BLOCKQUOTE>

          Get a good attorney immediately and do not let your Mother near the border. Don't let her answer the door either. Now that you are filing the adjustment of status for her ICE will come hunting her down. A little old lady is easy prey for them. BTW.. you are lucky they did not grab her and detain her at the interview
          "Being all fashioned of the self-same dust let us be merciful as well as just"
          Henry Wadsworth Longfellow

          Comment


          • #6
            My mother went to an immigration trial because of a discrepancy in the USCIS.My mom went home to attend my father's funeral and the letter for interview appointment from USCIS came and nobody's home.We all went home to bury my father.We came back after 1 month and when I saw the letter it was already passe...i called USCIS and told them the situation and they said they will reschedule her for interview.To make the story short,a letter came in the mail for deportation and I took the letter to the lawyer and fought back.My mom went to trial and won the case.They rescheduled her for interview and we went...and they flatly DENIED her and sent us a letter to file for a waiver..it's never ending and we spent thousands of dollars for her case ..

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by mariasargent:
              My mother went to an immigration trial because of a discrepancy in the USCIS.My mom went home to attend my father's funeral and the letter for interview appointment from USCIS came and nobody's home.We all went home to bury my father.We came back after 1 month and when I saw the letter it was already passe...i called USCIS and told them the situation and they said they will reschedule her for interview.To make the story short,a letter came in the mail for deportation and I took the letter to the lawyer and fought back.My mom went to trial and won the case.They rescheduled her for interview and we went...and they flatly DENIED her and sent us a letter to file for a waiver..it's never ending and we spent thousands of dollars for her case .. </div></BLOCKQUOTE>

              In the first post you wrote: they say she (your mother) overstayed. Did she?

              Would that overstay be because she filed for AOS after her I-94 expired? or because she left the USA without the AP -&gt; I-485 was abandoned -&gt; USCIS counted the days AOS was pending?

              Anyhow, in short to answer your question regarding waiver: your mother has to prove that a qualified person, who is either USC or PR living in the USA, would suffer extreme hardship if she is not allowed to stay in the USA. For overstay, qualified person could be spouse or parent of the alien. The hardship to child does NOT count in this case. I don't see how the waiver could be approved based on your (child) hardship.

              If you are not sure why USCIS says your mother overstayed, look into that and find out if it is within the law.

              Comment


              • #8
                as usual, illegal alien supporters whine and whine and whine, then blame others....your mother is a visa cheat....pure and simple and it doesn't matter how many brats you have nor that you need a babysitter....there are thousands of babysitters in America....

                Comment


                • #9
                  I have recently divorced due to an abusive relationship.I am left with 3 children and my mother has been helping me.My mother went home for my father's funeral after an approved advanced parole has been issued.We did not hire any lawyer at that time because we did not think that there was a problem until when we got back from my overseas.I thought they would reschedule my mom's interview without a problem since we have a valid reason and considering nobody's home for more than a month.My mom got a notice of deportation proceeding instead of a new interview appointment.We were notified that her case was closed and terminated due to no-show-up,that's when I got her a lawyer and she went on trial for her case and the judge ruled IN FAVOR of my mother...unfortunately,all the time,money and efforts were all wasted because when she went for the interview she was denied as per INS officer that my mother overstayed for more than 180 days and this month they sent us a notice to file for a waiver I-601 with extreme hardship letter and my problem is my father and grandparents died few years ago and I am the petitioner and my mother is my sole responsibility..so I do not know if they would consider me writing this letter of extreme hardship.

                  Comment


                  • #10
                    Did the INS officer say when that overstay occured? Between what events?

                    Have you contacted your old lawyer? What does he/she say?

                    Comment


                    • #11
                      You can file the waiver, but you are going to need something more than cheap help.

                      It sounds like she should not have been re-admitted at the POE. They made a mistake.

                      Comment


                      • #12
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Theone:
                        You can file the waiver, but you are going to need something more than cheap help.. </div></BLOCKQUOTE> What makes you say that? For waiver alien must prove that qualified relative would suffer extreme hardship. Daughter -mariasargent- is not a qualified relative.

                        Comment

                        Sorry, you are not authorized to view this page

                        Home Page

                        Immigration Daily

                        Archives

                        Processing times

                        Immigration forms

                        Discussion board

                        Resources

                        Blogs

                        Twitter feed

                        Immigrant Nation

                        Attorney2Attorney

                        CLE Workshops

                        Immigration books

                        Advertise on ILW

                        EB-5

                        移民日报

                        About ILW.COM

                        Connect to us

                        Questions/Comments

                        SUBSCRIBE

                        Immigration Daily



                        Working...
                        X