Not sure if my parents need to file a waiver...please help...

[bonita5 0]

I'm a USC petitioning my parents. Mother's situation; EWI in 1989, filed a petition for political asylum, left the US in 2000 while her case was pending, two months later she sought entry into the US using a fake document, she was arrested and then released pending a final decision on her exclusion hearing. She left the US voluntarily before her hearing.

My dad's: EWI in 1988, stayed unlawfully until he left in 2001.

Do they qualify for a waiver?

Do I have to prove hardship?

What are their chances to get the waiver approved?

Any tips that might help my case?

I would really appreciate any advise..

[aleful 1,905]

I'm a USC petitioning my parents. Mother's situation; EWI in 1989, filed a petition for political asylum, left the US in 2000 while her case was pending, two months later she sought entry into the US using a fake document, she was arrested and then released pending a final decision on her exclusion hearing. She left the US voluntarily before her hearing.

My dad's: EWI in 1988, stayed unlawfully until he left in 2001.

Do they qualify for a waiver?

Do I have to prove hardship?

What are their chances to get the waiver approved?

Any tips that might help my case?

I would really appreciate any advise..

there aren't any waivers for parents. parents don't qualify for waivers. your father's 10 year ban is up. he might be able to come, but your mother has a long list of things she shouldn't have done.

[bonita5 0]

there aren't any waivers for parents. parents don't qualify for waivers. your father's 10 year ban is up. he might be able to come, but your mother has a long list of things she shouldn't have done.

thaks for your reply, now both my parents have already served the 10 year bar outside the US, is a waiver still required?

[aleful 1,905]

thaks for your reply, now both my parents have already served the 10 year bar outside the US, is a waiver still required?

the problem for your mom is the additional charges, plus a second entry to the us, fraud, using fake papers. and if the were documents from a USC, forget it, she can never come.

consult a good attorney who can answer those questions.

[Noah Lot 391]

there are NO waivers for parents....period.

[NigeriaorBust 4,087]

You mother has additional issues. The fake paper she tried to use , what were they. The answer holds the key to if there is any hope EVER of her coming or if she is banned forever.

[Noah Lot 391]

You mother has additional issues. The fake paper she tried to use , what were they. The answer holds the key to if there is any hope EVER of her coming or if she is banned forever.

There are no waivers for parents....

[bonita5 0]

There are no waivers for parents....

I got it....but if my dad is approved can he file a waiver for her? or he has to petition her first, 'cuase if that's the case then I'll stop the petition to avoid paying the IV fees for her....

Please advise

[NigeriaorBust 4,087]

It depends on the fake papers your mother used. If she used anything that implied she was claiming to be a USC she can NEVER come EVER. ( like a fake US passport ) If she had some sort of fake visa. You petition for you father. He becomes a USC in 5 years and then petitions his wife and then maybe she could get a waiver.

[bonita5 0]

It depends on the fake papers your mother used. If she used anything that implied she was claiming to be a USC she can NEVER come EVER. ( like a fake US passport ) If she had some sort of fake visa. You petition for you father. He becomes a USC in 5 years and then petitions his wife and then maybe she could get a waiver.

She's not ban forever, she presented a fake I-551 document (green card)

Does he have to become a USC first, can he just file the waiver as soon as he gets his visa?

Edited January 12, 2012 by bonita5

[NigeriaorBust 4,087]

She will need a waiver for the fake documents which is only available to the spouse of a USC. He could file just before the gets to be a USC but not as soon as he arrives.

[Noah Lot 391]

She will need a waiver for the fake documents which is only available to the spouse of a USC. He could file just before the gets to be a USC but not as soon as he arrives.

There is NO waiver available for parents of a USC.

[Deputy Purple 1,294]

She's not ban forever, she presented a fake I-551 document (green card)

Actually, it's not uncommon for persons presenting fake Visa/Passport/Greencard to be charged with Material Misrepresentation which does incur a lifetime re-entry ban. The only worse offense (in USCIS's eyes) is false claim to US Citizenship for which there is no waiver.

She'll have to wait it out in Mexico until your father can naturalize (at least 5 years) and petition her with a hardship waiver.

I wonder how difficult it would be to prove extreme hardship (and that he can't live with her in Mexico) after he's lived apart from her for 5 years after having lived all of his life in Mexico prior to immigrating to the US (with the exception of his illegal presence in the US)?

Edited January 12, 2012 by Bob 4 Anna

[villaspurs 65]

There is NO waiver available for parents of a USC.

In the recommendation you quoted, the person advised that the father become a USC and then apply for a waiver, not that the OP file a waiver for her mother. I believe the "no waiver for parents" bit is clear.

[bonita5 0]

Actually, it's not uncommon for persons presenting fake Visa/Passport/Greencard to be charged with Material Misrepresentation which does incur a lifetime re-entry ban. The only worse offense (in USCIS's eyes) is false claim to US Citizenship for which there is no waiver.

She'll have to wait it out in Mexico until your father can naturalize (at least 5 years) and petition her with a hardship waiver.

I wonder how difficult it would be to prove extreme hardship (and that he can't live with her in Mexico) after he's lived apart from her for 5 years after having lived all of his life in Mexico prior to immigrating to the US (with the exception of his illegal presence in the US)?

Thanks for replying. I've read in different forums that the spouse quilifies to file a waiver if he's a USC or a permanent resident. You're saying that he has to become a USC after 5 years....Is it possible for him to file a waiver as soon as his visa application is approved...or he has to travel to the US first and get his actual green card and then apply? please clarify this for me...