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#6
07-06-2015, 03:33 PM
Senior Member
From Minnesota
Joined in Nov 2009
5,989 posts
Quote:
Originally Posted by mmohs2 View Post
ya she can apply for you through F2B if she has a 10 year permanent resident card and then you can apply for waiver( which is being changed to be made easier)if you have illegal presence or if you get advance parole if you have DACA then you come back to US which would clear the illegal presence.
What's with people talking complete nonsense?

The provisional hardship waiver (I-601A) requires you to have an immediate relative US citizen parent or spouse, and an immediate relative petition.

He has neither. Even if he had a US citizen parent, that parent is not an "immediate relative" because he is over 21. Immediate relatives are: children under 21, spouse, and parents of US citizens.


From what I'm aware I-601 may be available to you. Problem being:
  • During the I-601 waiver processing you must remain outside of US. In other words: you depart, go to the consular interview, get denied, your parent files the waiver on your behalf. If approved you make a second fly by of the consulate, get your visa, and returned.
    If denied, well... I hope you don't mind twiddling your thumbs for 10 years...
  • Parent - Adult Son or Daughter case will be hard to prove extreme hardship with.

Another thing:
Travel on Advance Parole DOES NOT clear illegal presence. It only clears an illegal entry so someone who originally entered without inspection now has a legal entry and can adjust via an immediate relative petition. That's about it.

No harm in meeting a lawyer to discuss your options. But as I said, many years and if you can get the I-601, it will be hard.
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LPR these days
Last edited by Demise; 07-06-2015 at 03:37 PM..
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