Husband's Parents Filing for Unmarried Sons - Confusion!

[aaron2020 11,651]

1 hour ago, HRQX said:

The I-601A can still be approved after the applicant departs the US. The requirement is to be physically present in the US to file the application and to go to the biometrics appointment. https://www.uscis.gov/family/family-of-us-citizens/provisional-unlawful-presence-waivers

Note that one of the requirements is to:

Be in the process of obtaining your immigrant visa  and have an immigrant visa case pending with Department of State (DOS) because you:

• Are the principal beneficiary of an approved Form I-130, Petition for Alien Relative; an approved Form I-140, Petition for Alien Worker; or an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant who has paid the immigrant visa processing fee;
• Have been selected by DOS to participate in the Diversity Visa (DV) Program (that is, you are a DV Program selectee);
• Are the spouse or child of a principal beneficiary of an approved immigrant visa petition who has paid the immigrant visa processing fee to DOS; or
• Are the spouse or child of a DV Program selectee (that is, you are a DV Program derivative)

Personally, I would not leave without an approved I-601a.  Would really suck to leave before a decision is made and then have it denied while outside the US.

[Boiler 45,980]

I-601A waiver is limited in its scope.

[Demise 1,331]

21 hours ago, brooke123 said:

Thanks for your input, Demise!

 

To clarify, what you’re saying is that the I-601A waiver is processed prior to the interview once his priority date becomes current? That way he can attend the interview without the ban already in effect? I may be confusing what you said. I had thought he would be denied at the interview and then would submit the waiver and undergo the processing? 
 

I’m wondering now if it would be beneficial for him to leave earlier, however I don’t know how realistic that would be since he has a daughter to support. As I understand it, he was brought to the US around age 15 with his mother, so he has been in the US for quite some time. 

Correct, I-601A is filed before attending an interview to bypass the ban. What you mention is how it used to work: Take the leap of faith, attend the interview, get denied, file I-601, if approved do another interview, get the immigrant visa and come back.

 

I don't think leaving early would be beneficial for him unless he's from a country with decent wages (EU, Canada, Australia, UK). It definitely wouldn't make the process any faster.