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

[belinda63 3,038]

Waiver is only available for USC.

[Noah Lot 391]

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...

the mother (who is apparently ineligible) is not the beneficiary of a petition filed by her husband....he would have to file a petition for her, but the priority date for that one would be some 3 years in the future. Right now (or soon) she is the beneficiary of a petition filed by her adult child.....thus her husband's hardship does not exist legally. Big difference.

[bonita5 0]

the mother (who is apparently ineligible) is not the beneficiary of a petition filed by her husband....he would have to file a petition for her, but the priority date for that one would be some 3 years in the future. Right now (or soon) she is the beneficiary of a petition filed by her adult child.....thus her husband's hardship does not exist legally. Big difference.

Oh no! that means all the fees I've paid for her have to be repaid by my dad? how is that possible? they should notify the person of the ban when the I-130 is reviewed and not antil the end at the date of the interview when all the fees are already paid.

[Deputy Purple 1,294]

Oh no! that means all the fees I've paid for her have to be repaid by my dad? how is that possible? they should notify the person of the ban when the I-130 is reviewed and not antil the end at the date of the interview when all the fees are already paid.

Why?

We are each responsible for knowing our own situation in life. You and your Mom knew that there were issues that might cause problems with her immigrating to the US, you guys should have looked into this BEFORE you filed anything.

Edited January 19, 2012 by Bob 4 Anna

[Used to be broken 147]

Waiver is only available for USC.

Who is the qualifying relative? *for I601

That depends on why the foreign national is inadmissible!

IF the ground of inadmissibility is for prior unlawful presence or misprepresentation, THEN the qualifying relative is a US Citizen

or Lawful Permanent Resident spouse or parent.

IF the ground of inadmissibility is for prior criminal history, THEN the qualifying relative is a US citizen or lawful permanent resident spouse, parent, or child.

BUT REMEMBER FIANCÉES/FIANCÉS! A US Citizen fiancée/fiancé is a qualifying relative too! (See 9 FAM 41.81 N9.3(a) and 8 CFR 212.7(a)(1)(i).

[bonita5 0]

Why?

We are each responsible for knowing our own situation in life. You and your Mom knew that there were issues that might cause problems with her immigrating to the US, you guys should have looked into this BEFORE you filed anything.

You know what....what you're saying I already know. I'm just expressing my feelings in this forum and trying to to get an answer to my question. If you don't know the answer, please don't reply. I only need helpful advise at this point.

Thank you

Who is the qualifying relative? *for I601

That depends on why the foreign national is inadmissible!

IF the ground of inadmissibility is for prior unlawful presence or misprepresentation, THEN the qualifying relative is a US Citizen

or Lawful Permanent Resident spouse or parent.

IF the ground of inadmissibility is for prior criminal history, THEN the qualifying relative is a US citizen or lawful permanent resident spouse, parent, or child.

BUT REMEMBER FIANCÉES/FIANCÉS! A US Citizen fiancée/fiancé is a qualifying relative too! (See 9 FAM 41.81 N9.3(a) and 8 CFR 212.7(a)(1)(i).

Thank you, now I know my dad (LPR) qualifies for the waiver.

[Deputy Purple 1,294]

Oh no! that means all the fees I've paid for her have to be repaid by my dad? how is that possible? they should notify the person of the ban when the I-130 is reviewed and not antil the end at the date of the interview when all the fees are already paid.

Why?

We are each responsible for knowing our own situation in life. You and your Mom knew that there were issues that might cause problems with her immigrating to the US, you guys should have looked into this BEFORE you filed anything.

You know what....what you're saying I already know. I'm just expressing my feelings in this forum and trying to to get an answer to my question. If you don't know the answer, please don't reply. I only need helpful advise at this point.

Thank you

I don't see how my response didn't directly address your statement. The way you said it was like you were blaming USCIS for your mistake. If you simply intended to express frustration at money wasted without attempting to deflect blame you could have said something like, "Well, it sucks we'll have to pay those fees again. I wish I'd researched the situation a little better."

>>>Helpful Advice Warning<<<

FWIW, don't overlook the comments about proving hardship in your mother's case in 5 years as it may prove the undoing in her case. Also, make sure your father doesn't spend too much time out of the US after her gets here as it will reset his naturalization clock.

[bonita5 0]

I don't see how my response didn't directly address your statement. The way you said it was like you were blaming USCIS for your mistake. If you simply intended to express frustration at money wasted without attempting to deflect blame you could have said something like, "Well, it sucks we'll have to pay those fees again. I wish I'd researched the situation a little better."

>>>Helpful Advice Warning<<<

FWIW, don't overlook the comments about proving hardship in your mother's case in 5 years as it may prove the undoing in her case. Also, make sure your father doesn't spend too much time out of the US after her gets here as it will reset his naturalization clock.

Good news. I sent my question to the Embassy in Guatemala and they responded. I'm so happy that I finally got an answer which I'm attaching to help others in the same situation.

Dear Mr. .......

According to the law if the qualifying relative whom the applicant will experience hardship is different from the relative who filed the I-130, as it is the case here, the applicant must provide credible documentation establishing the existence of the relationship to the qualifying relative. In this case, the husband who will become the qualifying relative or sponsor to the wife has to go back to the United States after his visa is approved (has to make a legal entry). After he is back in the United States he may submit the waiver on behalf of his wife (he has to be physically in the United States so that he can argue some type of extreme hardship for being separated from his wife). He does not have to initiate another I-130 application as that would take a very long time given his LPR status only (not a USC). The medical exam and the other fees will remain intact. All he (the husband) has to do is file the I-601 on behalf of his wife once he is back in the US.

[sachinky 465]

It's going to be hard to prove extreme hardship since your father has lived in Mexico all his life (apart from his illegal presence in the US).

[Deputy Purple 1,294]

Good news. I sent my question to the Embassy in Guatemala and they responded. I'm so happy that I finally got an answer which I'm attaching to help others in the same situation.

Are your parents from Mexico or Guatemala?

You do understand that one of the criteria for proving hardship is why he can't live with her in Mexico (or whatever country they are from), right?

[bonita5 0]

Are your parents from Mexico or Guatemala?

You do understand that one of the criteria for proving hardship is why he can't live with her in Mexico (or whatever country they are from), right?

My dad is from Mexico, my mom from Guatemala. They've lived in Guatemala for the last 12 years. I know that proving hardship is difficult but living in Guatemala is hard (my two younger USC brothers live with them)and dangerous. I just hope that everything is going to be alright.

[Brother Hesekiel 2,236]

No waiver is needed for any of them.

No waiver is available for any of them either.

The one and only issue will be the mother's deportation in absentia and, the real killer here, material misrepresentation to a federal officer, which may or may not make her inadmissible for life with no waiver available for that either.

Nobody will know until they file for an IR-5 based on the approved I-130 petitions.

Edited February 9, 2012 by Brother Hesekiel

[bonita5 0]

No waiver is needed for any of them.

No waiver is available for any of them either.

The one and only issue will be the mother's deportation in absentia and, the real killer here, material misrepresentation to a federal officer, which may or may not make her inadmissible for life with no waiver available for that either.

Nobody will know until they file for an IR-5 based on the approved I-130 petitions.

I've spent hours getting info. about this issue. I've read the law in regards to INA 212(a)(6)©(i) Yes, my mom is eligible for a waiver. The ones ineligible for waivers and inadmissible for life are the ones who claim to be US citizens. That's not my mom's case.

Illegal Entrants and Immigration Violators

There are several circumstances under which illegal entrants and immigration violators may apply for a Waiver of Inadmissibility:

" Persons who knowingly or willfully made misrepresentations or committed fraud in order to obtain an immigration benefit or benefit under the INA, may apply for a Waiver of Ground of Inadmissibility on Form I-601.[8]"

I don't qualify to file the waiver since I'm her son. However, my dad do qualify after obtaining his visa. The Field Officer Director at the US DHS informed me so. Therefore, I'm confident that everything is going to be alright. My dad will hire an attorney for the waiver when the times comes.