Possible waiver

[jm562 0]

Hi everyone,

I'm not really sure where to ask this or if I'm doing this correctly at all. So my apologies in advance if this is out of place or if I've offended anyone through my ignorance and lack of due diligence.

I wanted to ask a few questions.

My mother is undocumented. She EWI successfully and has been here in the States since then (10+ years). It's been a long, hard road for her living undocumented. Prior to her one time, successful EWI, she was caught trying to enter and was released shortly after. Her fingerprints and photos were taken, however, no formal deportation took place, nor was she asked to attend a formal hearing. Immediately after being sent back, her sole successful EWI soon took place.

I guess my questions are:

1. Does her situation constitute a lifetime ban?

2. Is she not eligible for the I-601A waiver?

3. How does the I-601A waiver work?

Thank you in advance for any input,

J

[newacct 688]

1. It doesn't sound like it. She would have the 9C ban if she was "removed" the first time, but it doesn't sound like that happened. But it's a good idea to do an FOIA request for records to make sure.

2. A waiver for the unlawful presence ban would require "extreme hardship" to her spouse or parent who is an LPR or USC. Does she have such a spouse or parent?

[jm562 0]

Thanks for the response.

Unfortunately, no. No spouse, no parent. However, she has children, all of which are U.S. citizens (myself included) over the age of 21. Would that work? If not, what other viable options does she have?

Also, if I do an FOIA, that wouldn't trigger the immigration officers to look into her case and start a removal process would it? She is too old for such an experience..

[aleful 1,905]

hi

nope, children don't qualify for the waiver

wait for a miracle until immigration changes

she could have left, and waited 10 years out of the country, then she wouldn't have a ban and her child would be able to file for her

[newacct 688]

If DAPA is ever implemented, it could open some avenues.

[jm562 0]

Thank you very much for the response.

The DAPA looks really promising and she definitely qualifies. I'm reading up on it as I type this, but what kind of options are attached to DAPA?

Once again, thanks.

[NigeriaorBust 4,087]

Current there are no options. It was placed on hold.