EMERGENCY need help fast Mexican National

[Boiler 45,427]

I 601 or I601A is one ofd the forms your Daughter will need to fill, looks like it will be a I 601 now.

If she does not have a grasp on the process then a Lawyer would be a good idea, not straightforward unless you do a lot of research or employ a lawyer who does waivers.

[Darnell 8,478]

It seems to me everyone is missing the point. I just needed to know, is there any way for him to get an "EMERGENCY" pass or permission to go out to see his grandma that seems to be dying?

No.

I have to assume that 'the plan' was for him to stay INSIDE the USA until the waiver , that 601 thingie, was approved. There's a new waiver system for illegal aliens in the USA where they file for the waiver and get the approval BEFORE the interview in Cuidad De Juarez.

and of course, that's not what your asking about.

IMO, if he leaves, he will lose that eligibility to file for that special waiver. But I am not certain about it.

In the end, he can do what ever he wants - as he still has to go through:

1. the waiver process and

2. the interview for the Immigrant Visa in CDJ.

[Darnell 8,478]

What is a I-601A?

Here ya go...

Here's the announcement

http://www.visajourney.com/forums/topic/408207-secretary-napolitano-announces-final-rule-to-support-family-unity-during-waiver-process/

and there's the info he needs:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=bc41875decf56310VgnVCM100000082ca60aRCRD&vgnextchannel=bc41875decf56310VgnVCM100000082ca60aRCRD

[Khadijah1 0]

I 601 or I601A is one ofd the forms your Daughter will need to fill, looks like it will be a I 601 now.

If she does not have a grasp on the process then a Lawyer would be a good idea, not straightforward unless you do a lot of research or employ a lawyer who does waivers.

they already got taken by a lawyer in Texas and shes disappeared

[Khadijah1 0]

I just want to say thx to all of you. He has an appointment in our local USCIS office this friday. Wish them luck!!!

[Boiler 45,427]

What for?

[Darnell 8,478]

whoa - an appointment for what ?

[Khadijah1 0]

They made an appointment with the local office to see if there was anything he could do. they basically told him there was nothing and if he left the country and got caught trying to come back in he would lose everything he has done and worked for and would be castigated for 5 years.Sad but c'est la vie

Thx again everyone for your help

[Darnell 8,478]

but he's not finished.

review the content of the two links I posted here, nowish.

[Khadijah1 0]

we know hes not finished Darnell but as for him getting an emergency permit to leave the states its not gonna happen. At this point the doctors say she wont last much longer as in days or hours, not months

[Darnell 8,478]

apologies, i was only focusing on what's pertinent to him getting an immigrant visa.

if he leaves the usa, he can certainly stay in Mexico, awaiting the interview, but it's my understanding that the I-601 will be filed after the interview.

if he stays inside the USA, instead , he can chase after the I-601A after the I-130 is approved and NOT LEAVE THE USA until the appointment date is set. Getting the I-601A gets the waiver before the interview ,

and

the I-601 is only gettable AFTER the interview.

----

so, if he wanted to leave now, he certainly could. plan for a longish stay in Mexico, about 3 to 11 months after the IV interview in CDJ, waiting for the I-601 to wind it's way through the system.

[Boiler 45,427]

we know hes not finished Darnell but as for him getting an emergency permit to leave the states its not gonna happen. At this point the doctors say she wont last much longer as in days or hours, not months

He does not need a permit.

[Darnell 8,478]

agreed - he does not need a permit to leave, at all.

[aaron2020 11,651]

It seems that you, your daughter, and her husband are missing a large chunk of information. You really should have researched this before filing for him.

He does not need any visa, permit, or permission to leave the US for Mexico. The US has no problem with him leaving. Because he came over illegally, he has accumulated more than a year of unlawful presence which means he is banned for 10 years once he leaves the US without a green card.

If he leave without a green card, he will not be allowed back until a successful waiver is granted. This could strand him in Mexico for days, months, or years. AP or any other document will not work because of his unlawful presence. If USCIS issues him AP, USCIS may not tell that his unlawful presence voids AP - meaning it's worthless.

Your son in law has two choices. Choice One, he stays in the US and finish the waiver process and get his green card, this missing his mom. Choice Two, leave the US (thus abandoning the current Adjustment of Staus), get a 10 years ban, and restart the process.

No one is stopping him from leaving to be with his mother. The choice is his. Remember that he is here illegally, and the separation from his mother is a situation he created when he illegally immigrates to the US. The US is under no obligation to let him back in after he violates US immigration laws.

[Darnell 8,478]

aaron - to 'get a green card'

he first has to get a visa in CDJ.

Because of his 'stuff', he needs a waiver.

There are 2 paths for Mexican Nationals, now, in getting that waiver (I think you know that part)

There's no way he can remain in USA till he gets a green card - he absolutely has to return to CDJ for a visa interview. If it's done right, he'll have the waiver in hand on interview day. They still have to go through NVC processing, as well. The I-601A is filed after the I-130 is approved, so the daughter can control the time and timing, the I-601A filing and NVC doc intake, so that the interview date gets set after the waiver is granted.