Mother in US Illegally- I-130?

[Hypnos 6,576]

10 minutes ago, Boiler said:

Children are no Qualifying Relatives, need a Spouse or Parent.No mention of either.

I-212 (consent to re-enter after removal) has no qualifying relatives requirement; you're likely thinking of an I-601/A, which does. Close US citizen or LPR relatives can be considered positive factors, however. 

Edited March 8, 2019 by Hypnos

[Boiler 45,538]

2 minutes ago, Hypnos said:

I-212 (consent to re-enter after removal) has no qualifying relatives requirement; you're likely thinking of an I-601/A, which does. US citizen or LPR relatives can be considered positive factors, however. 

You are right, I just  thought of that and you beat me to it.

 

But not sure the Mother in this case intends to leave for 10 years and try for a I 212.

 

Well voluntarily.

Edited March 8, 2019 by Boiler

[WeGuyGal 1,052]

4 minutes ago, missileman said:

To clarify for my simple brain, a 9C means the person has to prove they have been outside the US for 10 years before they can even apply for a waiver, correct?  

 

22 minutes ago, Hypnos said:

 

As stated by others, your MIL is likely subject to a 9C permanent bar due to entering lawfully (or attempting to enter, in one case) twice. This is a lifetime bar from the US for which a waiver is only available after ten years of documented presence outside the US. 

 

Under normal circumstances, your husband's military service may well have qualified her for Parole In Place (PIP) despite her unlawful entry. Unfortunately, her 9C bar now precludes this option, if indeed she has a 9C bar. 

 

 

[Boiler 45,538]

5 minutes ago, missileman said:

To clarify for my simple brain, a 9C means the person has to prove they have been outside the US for 10 years before they can even apply for a waiver, correct?  

I am not sure how definitive it is, if you are deported there will be a record if you leave voluntarily than you can show a normal paper trail.

[geowrian 22,337]

The requirement is to be outside the US for the 10 years.

The burden is on applicant to show that they qualify.

As such, documentation of meeting that requirement is generally necessary.

[Crazy Cat 41,893]

8 minutes ago, geowrian said:

The requirement is to be outside the US for the 10 years.

The burden is on applicant to show that they qualify.

As such, documentation of meeting that requirement is generally necessary.

 

24 minutes ago, WeGuyGal said:

 

 

 

23 minutes ago, Boiler said:

I am not sure how definitive it is, if you are deported there will be a record if you leave voluntarily than you can show a normal paper trail.

 

8 minutes ago, geowrian said:

The requirement is to be outside the US for the 10 years.

The burden is on applicant to show that they qualify.

As such, documentation of meeting that requirement is generally necessary.

Thanks.  I missed the post by @Hypnos  I seem to remember a fairly recent poster whose FIL had voluntarily left the US, waited until the ban had expired.....but he was having a lot of trouble getting the documentation to prove he had actually left the US and had been outside the US for 10 years.  

 

Edited March 8, 2019 by missileman

[Boiler 45,538]

7 minutes ago, missileman said:

Thanks.  I missed the post by @Hypnos  I seem to remember a fairly recent poster whose FIL had voluntarily left the US, waited until the ban had expired.....but he was having a lot of trouble getting the documentation to prove he had actually left the US and had been outside the US for 10 years. 

 

Certainly something to bear in mind when going this route.

[Visitor User 253]

First EWI and if that was the only one then she needs a I-601A waiver.

 

Was it before the 245i deadline?

[geowrian 22,337]

1 minute ago, Visitor User said:

First EWI and if that was the only one then she needs a I-601A waiver.

No qualifying relative (a son/daughter cannot).

https://www.uscis.gov/system/files_force/files/form/i-601ainstr.pdf

"Extreme Hardship to a Qualifying Relative

You must show that you have a U.S. citizen or LPR spouse or parent (qualifying relative) who would experience extreme hardship if you are refused admission to the United States. The qualifying relative does not need to be the relative who filed the immigrant visa petition, but he or she must be your U.S. citizen or LPR spouse or parent "

 

Also, the 9C bar covers more cases than people with more than 1 EWI. Somebody's first EWI can result in a 9C bar, depending on the circumstances.

To be clear, I'm not certain 9C applies here or not, but it is on the table.

[Visitor User 253]

5 hours ago, WeGuyGal said:

What "majority of the time"? The 20 years have to be ALL OUTSIDE the US

 

Just wow to the bold above. Cheating the system?

 

You mean the mother is not qualified for I-601A nor I-601?

Edited March 8, 2019 by Visitor User

[Visitor User 253]

This will require a very experienced lawyer to see what the options are.

[Visitor User 253]

27 minutes ago, geowrian said:

No qualifying relative (a son/daughter cannot).

https://www.uscis.gov/system/files_force/files/form/i-601ainstr.pdf

"Extreme Hardship to a Qualifying Relative

You must show that you have a U.S. citizen or LPR spouse or parent (qualifying relative) who would experience extreme hardship if you are refused admission to the United States. The qualifying relative does not need to be the relative who filed the immigrant visa petition, but he or she must be your U.S. citizen or LPR spouse or parent "

 

Also, the 9C bar covers more cases than people with more than 1 EWI. Somebody's first EWI can result in a 9C bar, depending on the circumstances.

To be clear, I'm not certain 9C applies here or not, but it is on the table.

 You mean the mother is not qualified for I-601A nor I-601?

 

[Boiler 45,538]

Just now, Visitor User said:

 You mean the mother is not qualified for I-601A nor I-601?

 

So it seems

[Visitor User 253]

6 hours ago, Boiler said:

Assuming she is 9C, does sound like she is, then she basically has a 10 year bar outside the US and then to come back will need  a waiver filed by a qualifying relative, spouse, parent are the usual ones. Not children.

 

Dates of entry may be important, 9C came in 1996 I think.

9C started 4/1/97?

[Boiler 45,538]

1 minute ago, Visitor User said:

9C started 4/1/97?

Sounds right without looking it up.