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DAP Forums > DREAM Act > The Lounge

Is a waiver needed?

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#1
08-26-2019, 05:31 PM
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My wife's parents left the U.S voluntarily back in 2008 after being in the U.S. illegally, therefore triggering the 10 year back. Fast foward to today, my wife is now 21 years old and wants to sponsor them. Do they need to apply for a waiver or can they apply for AOS like normal.

P.S they are outside the country.
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Self filed AOS │Apps Received By USCIS - 3/18/19 │Biometrics Done - 4/11/19
Interview Scheduled - 4/24/19│Interview Date - 5/31/19│AOS Approval - 5/31/19
Permanent Resident Card Received - 6/8/19
Last edited by JJ Glo; 08-27-2019 at 08:49 AM..
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#2
08-26-2019, 05:38 PM
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Looks like they served their 10-year ban already, there is no need for a waiver.
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#3
08-26-2019, 09:01 PM
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They don’t need the waiver
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#4
08-27-2019, 07:43 AM
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I know I'm being pedantic but Demise correct me if I'm wrong, but since the parents are outside the US, it's not considered adjustment of status and they have to deal with the State Department instead of USCIS so it's getting admitted to the US. As long as they didn't do anything to be banned from admitted, I think they're ok and it's a routine case.

She should do it ASAP though before the new Public Charge rules go into effect in October because age plays a big role in that. It could get VERY expensive.
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Last edited by IamAman; 08-27-2019 at 07:46 AM..
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#5
08-27-2019, 08:51 AM
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Quote:
Originally Posted by IamAman View Post
I know I'm being pedantic but Demise correct me if I'm wrong, but since the parents are outside the US, it's not considered adjustment of status and they have to deal with the State Department instead of USCIS so it's getting admitted to the US. As long as they didn't do anything to be banned from admitted, I think they're ok and it's a routine case.

She should do it ASAP though before the new Public Charge rules go into effect in October because age plays a big role in that. It could get VERY expensive.
Yeah, they would have to do consular processing.
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Self filed AOS │Apps Received By USCIS - 3/18/19 │Biometrics Done - 4/11/19
Interview Scheduled - 4/24/19│Interview Date - 5/31/19│AOS Approval - 5/31/19
Permanent Resident Card Received - 6/8/19
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#6
08-27-2019, 02:15 PM
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Yeah they should be fine since it's been over 10 years, as long as there's nothing more than just the 10 year bar (misrepresentation, prior removal orders, etc).
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