Do Hardship Statements through an Attorney? [split topic]

[Annel 0]

My dad just had his interview in Ciudad Juraez he reside in Mexico City, the imigration official told him that he needs to file Form I-601 for overstaying in the USA in 2005 for more than 365 days and for a case of domestic vilonce that cleared in 1995, he said that after the form gets accepted by USCIS they will inform the NVC and therefore send a notification to my Dad by mail requesting his passport for them to stamp it and send it back to him the imigration official mention the process will take about 2 months wich I doubt and said that he doesnt need to return to Juarez, I fill out the form and did the hardship statements but I am not sure if it will be best to do it through an attorney. please help

[NigeriaorBust 4,087]

Does he have a qualifying relative in the US ?

[Annel 0]

Yes! his whole imidiate family which is me, my brother, his kids, and my kids we all are american citizens, my Dad is blind and in Mexico he lives with his sisters but lately his health has not been the best thats why I am wondering if may be it will be faster through an attorney.

[aleful 1,905]

hi

none of you are qualifying relatives for a waiver, USC children aren't qualifying relatives

it has to be a USC or LPR parent or a spouse

[Annel 0]

what do you mean please explain......

[belinda63 3,020]

You can file the petition as a qualifying relative. A qualifying relative to file the waiver would be a spouse or parent, a child cannot file this waiver for a parent.

[aleful 1,905]

hi

read the instructions of the i601,

your dad fills out the i601, but there has to be a qualified relative or spouse who can do the hardship letter to overcome the bans

the only people who are qualified are USC or LPR spouses of the beneficiary, or USC or LPR parents of the beneficiary

[Jawaree 717]

OP a kid can file a waiver for a parent who had committed a crime HOWEVER they cannot for a parent who just

overstayed....Its not just a form to fill out, you will need hardship arguments like him not being around you with

being lind, unable to care for himself, crime stats there, and showing why you cant move there is what it entails,

you need a waiver atty now to help with brief etc...not a DIY...it will cost $585 for that petition,

An overstay is doable, but by itself he'd need a spouse to file the waiver

[Annel 0]

Go it .... Thanks for the info