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#15
07-17-2024, 12:00 AM
Senior Member
Joined in Jun 2006
644 posts
glacier1985
Quote:
Originally Posted by Demise View Post
I mean you can try but considering that we've had people here who had issues proving their parent's physical presence in US when they submitted literally the same documentation the parent did taken from a FOIA. I'm just not sure how well trying to re-argue a 25 year old I-140 denial will go, especially that you know, good luck getting documents that old. Like listen, if you want to try, go ask some lawyers if they can land this plane, personally I'm skeptical.

Regarding the I-601A:
It can be used for any immigrant petition.
You need a qualifying relative: USC/LPR, Spouse/Parent. You can have multiple. Qualifying relative can but does not have to be the sponsor.
Since you're both Chinese (unless wife was born in Hong Kong, or Macau, or you're sleeping on the couch tonight for implying that Taiwan is a part of China) then yeah you likely won't get to skip the line.

So yes, it is something that can be done, spouse gets petitioned in a category that allows derivatives and adjusts, you can now do I-824 to forward the remainder of the petition to a NVC and use the now LPR wife as a qualifying relative.

Alternatively, if it all takes too long, you can always just wait until she naturalizes and petitions for you as an immediate relative of a US citizen, then if you're an overstayer you can just adjust in US. You can always start one and if that's getting close then oh well abandon this.
Haha, well said. Thanks again for your input. My real concern, though, is getting my parents some legal status so they can receive medical care and insurance. They're getting older, and right now they're undocumented, which is a real worry for me. Do you guys have any pointers in this regard ?
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