Question about I-130 and I-601A

[townhurst 0]

Hi

Just joined this forum to ask this questions that some lawyers couldn't give an answer.

I am a 55 years old and I entered U.S with tourist visa back in 2007. I applied for F1 student visa but denied back then. And I am out of status right now.

My mother obtained her US Citizenship back in 2010 and I went to a lawyer if she can sponsor/petition me but answer was no.(I had no knowledge on immigration laws)

So I gave up and tried to find a way to get my status adjusted and found a form I-130 and I-601A.

I am married and my father passed away about a year ago. I live with my family and my mother.

What is the process going to be?

1. File I-130 and wait to be approved.

2. File I-601A and approved(hopefully within interview timeframe)

3. Leave U.S. for interview in home country.

4. Get visa in my home country and immigrate legally?

There are two things that I am concerned, what happens if my visa interview denied. and what happens if PETITIONER(My mother in this case) deceases during the process?

Thank you so much for your help and I would really appreciate ANY comment or questions.

[belinda63 3,046]

File I-130

Wait about 10 years.

You leave the country for your interview and other assorted things

I-130 denied

File !-601 waiver which must show extreme hardship to your mother if you are not permitted to immigrate.

If waiver is approved you receive visa

return to US.

If mother dies your petition dies with her.

If you are denied, you remain outside the US

Remember your mother must meet the poverty guidelines or she must have a cosponser who is a US citizen or LPR residing in the US.

[aleful 1,905]

hi

ditto to belinda

you don't qualify for the i601A, it is only for spouses and unmarried children under 21 of a USC who entered illegally in the country. you are married and over 21.

you will go through consular processing since married children of a USC cannot adjust status in the US.

she can always sponsor you, meaning file an i130 since she became a USC, what the lawyer meant Is that you cannot adjust status in the US, and once you've been out of status for more than a year, if you leave, you will trigger the 10 year ban, having to file a waiver after the interview. you will file the i601.

you don't qualify to file for the i601A in country waiver, it is only for immediate relatives mentioned above.

[Penguin_ie 5,996]

You say you are married... who to? Ie someone in your home country, or a US citizen here, or...?