Is there a I-601a provisional waiver for Parents of USC children over 21?

[Bengalita 12]

So if a USC son/daughter is over 21 and has parents who have been illegal in the USA, can the parents apply for a I-601a provisional waiver if they don't have any other qualifying relative other than their USC child over 21?

If not, can they apply for a I-601 waiver if they go back to their home country?

If not, does this mean that they have to wait 10 years in their home country?

Please advise. Thanks!

[newacct 688]

There is no immigrant waiver the the unlawful presence ban (9B) based on hardship to a child of the immigrant. There is only an immigrant waiver for the 9B ban based on hardship to a spouse or parent of the immigrant who is a USC or LPR. Are both parents subject to the ban?

[aleful 1,905]

hi

if they leave they have a 10 year ban there is no waiver

do both of them need a waiver?

now you say the are illegal, but how did they enter the country? are you sure they need a waiver

[Bengalita 12]

Yes, both parents are subject to the ban. They do not have parents who are USC's or LPR's either. The only USC relative they have is their USC daughter. So this means basically, that they have no qualifying relative. So that means that there is no provision of waiver for them.. they have to wait out their 10 year ban, right?

[Bengalita 12]

hi

if they leave they have a 10 year ban there is no waiver

do both of them need a waiver?

now you say the are illegal, but how did they enter the country? are you sure they need a waiver

Here's what happened. The USC daughter contracted a 'notario' who did the whole I-130/NVC process for both illegal parents while they were still in the USA. Then, of course, came the appointment in Juarez, so parents left the USA in January to attend the appointment. They were denied residency, of course and each given a paper that says (in Spanish, but I'll translate it):

You are not eligible to receive a visa pursuant to the following section of Immigration Law (and both boxes are checked on the following..)

9B2 (212(a)(9)(B)(II)) The applicant has resided illegaly in the United States for more than 365 days. This ineligibility will expire after January 2026.

9C1 (212(a)(9)©(II)) The applicant entered or attempted to enter the United States without inspection after having been illegally present in the United States for a period of more than 365 days.

For the above mentioned violation, Immigration law provides the following solution: (and both boxes are checked on the following)

I-212 application - You may submit the I-212 application

Future eligibility - You may submit the I-212 after January 2026

So basically, how I'm seeing it... the person not only resided in the USA illegally for more than 365 days, but apparently he also had 2 EWI entries. So he's going to get 10 years regardless, but in this case, he's going to have to present a I-212 when his 10 years are up for his multiple EWI's. Of course, I guess that also means that his USC daughter will have to petition for him again for all this to happen when the 10 years are up.

Am I understanding it right?

[newacct 688]

Here's what happened. The USC daughter contracted a 'notario' who did the whole I-130/NVC process for both illegal parents while they were still in the USA. Then, of course, came the appointment in Juarez, so parents left the USA in January to attend the appointment. They were denied residency, of course and each given a paper that says (in Spanish, but I'll translate it):

You are not eligible to receive a visa pursuant to the following section of Immigration Law (and both boxes are checked on the following..)

9B2 (212(a)(9)(B)(II)) The applicant has resided illegaly in the United States for more than 365 days. This ineligibility will expire after January 2026.

9C1 (212(a)(9)©(II)) The applicant entered or attempted to enter the United States without inspection after having been illegally present in the United States for a period of more than 365 days.

For the above mentioned violation, Immigration law provides the following solution: (and both boxes are checked on the following)

I-212 application - You may submit the I-212 application

Future eligibility - You may submit the I-212 after January 2026

So basically, how I'm seeing it... the person not only resided in the USA illegally for more than 365 days, but apparently he also had 2 EWI entries. So he's going to get 10 years regardless, but in this case, he's going to have to present a I-212 when his 10 years are up for his multiple EWI's. Of course, I guess that also means that his USC daughter will have to petition for him again for all this to happen when the 10 years are up.

Am I understanding it right?

So they have 9C. So they had to spend 10 years outside the US before they immigrate, no matter what way they do it.

She does not have petition them again, as long as she keeps the petition alive by having some activity on it once a year.

Edited February 8, 2016 by newacct

[Bengalita 12]

So they have 9C. So they had to spend 10 years outside the US before they immigrate, no matter what way they do it.

She does not have petition them again, as long as she keeps the petition alive by having some activity on it once a year.

Ok, that makes total sense. Thanks

So she just calls NVC once a year and says, "Hey, just calling to ask you to keep such-and-such case active.... Just checking in." Right?