Two problems with AP

[JohnR! 5,495]

This is wrong. Please stop. She cannot come back to the US with a I-601 waiver and AP.

It was a typo. Fixed. Thanks!!

Because if she leaves - which she needs to do if she is to keep her promise to her kid - she should have it on hand in case she is not allowed back into the US upon her return, which is something possible, yet unlikely to happen, if she has an AP.

[KayDeeCee 4,896]

Because if she leaves - which she needs to do if she is to keep her promise to her kid - she should have it on hand in case she is now allowed back into the US upon her return, which is something possible, yet unlikely to happen, if she has an AP.

Beginning this year, along with the new waiver procedures, CBP officers have been allowed to decide on letting back in the US, beneficiaries of CR/IR visas, whose ban is not predicated on illegal entry, or any other factor that might make them inadmissible in the US. The issue is created by the lack of a formal policy. In her case, we can only speculate she most likely would be allowed to re-enter, even with the overstay. Having the waiver on hand would only help her plead with the CBP officer at the POE. Worst case scenario if would help her with her process to return to the US.

The knee-jerk reaction of many is to advise her to forget her promise to her kid, whereas there are those of us for whom our kids are more important than the inconvenience of having to wait a few months away from home, and more precious than the money involved in such enterprise. I simply do not partake in the self indulging presumption of making that decision for someone else.

I know about the new procedure to file the waiver first, before leaving to go to your DoS visa interview instead of waiting until you are denied at the interview to then file the waiver.

Again, why would the OP file for the waiver? Have you even read about how it works, who it is for and who is eligible to file for the waiver? Someone leaving with AP who might get a possible auto ban upon leaving due to overstay is not who this waiver is intended for. It is not to be used with AP to 'plead with the CBP officer' to let her back in.

Please read the information on the link you provided earlier in this thread.

Eligibility Requirements

To be eligible for a provisional unlawful presence waiver you must fulfill ALL of the following conditions:

1. Be 17 years of age or older.
2. Be an immediate relative of a U.S. citizen (not a preference category immigrant who has a visa available). An immediate relative is an individual who is the spouse, child or parent of a U.S. citizen.
3. Have an approved Form I-130, Petition for Alien Relative, or Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
4. Have a pending immigrant visa case with DOS for the approved immediate relative petition and have paid the DOS immigrant visa processing fee.
5. Be able to demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen spouse or parent.
6. Be physically present in the United States to file your application for a provisional unlawful presence waiver and provide biometrics.