I 601 Process

[lala1 21]

I currently have an approved i130 , with a current priority date. I filed i485 package a while back as the unmarried child of LPR under 21 a while back and it was denied.. and therefore i am currently considered overstay. I was told we can go ahead and file the 601 waiver for my overstay, granted that we can prove extreme hardship. I would like to know a little bit more about the process however, and would appreciate a little guidance. We plan to file the 601 along with a letter stating various points as to why it would be an extreme hardship if i were to leave my mother in the states. What i am not sure of is, Do we file the 601 concurrently with 485 and copies of approved 130 or is it solely the 601 that has to be filed first ? ..In the event that it is approved, What happens after that ? Any guidance on the process would be helpful

Thank you for your time

[belinda63 3,038]

The I-601A is only available for immediate relatives of US citizens. Your mother is still an LPR?

Since you cannot, as a relative of an LPR, file for the I-601a you must choose the I-601. For this you must have consular processing in another country. When your visa application is denied for the overstay you then file the I-601. Your mother must show it will be 1. an extreme hardship for HER for specifically you to not be permitted to immigrate and 2. that she cannot live with you in another country.

[Shiobhan 235]

you must consult with a lawyer before doing I 601 or leaving the country

its not just a letter it will be a package with much evidence. If done yourself

likely it will be denied