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DAP Forums > DREAM Act > The News Room

Obama proposes new rule for immigrant families - Page 3

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#21
04-03-2012, 08:33 PM
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saint seiya
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the waiver is for 21 and over as well.

http://www.uscis.gov/portal/site/usc...00082ca60aRCRD

An individual may seek a provisional unlawful presence waiver if he or she:
Is physically present in the United States;
Is at least 17 years of age;
Is the beneficiary of an approved immigrant visa petition (I-130) classifying him or her as an immediate relative of a U.S. citizen;
Is actively pursuing the immigrant visa process and has already paid the Department of State immigrant visa processing fee;
Is not subject to any other grounds of inadmissibility other than unlawful presence; and
Can demonstrate that the refusal of admission would result in extreme hardship to a U.S. citizen spouse or parent.

Questions:
http://www.uscis.gov/portal/site/usc...004718190aRCRD

Q7. Will I use the current Form I-601, Application for Waiver of Grounds of Admissibility to apply for a provisional waiver?

A7. No. USCIS is developing a new form for the proposed provisional unlawful presence waiver process – Form I-601A, Application for Provisional Unlawful Presence Waiver. The application filing fee is $585.00, the same fee required for the Form I-601. There is an additional biometric fee of $85.00 for applicants who are under 79 years of age. USCIS will post the proposed form in the Federal Register for formal comment in the near future.
Last edited by saint seiya; 04-03-2012 at 08:36 PM..
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#22
04-05-2012, 01:23 AM
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Quote:
Originally Posted by obsolete101891 View Post
Immediate Relatives of U.S Citizens. Especifically Spouses,parents and unmarried children under 21. And It´s not really a reduced timeframe, but you dont have to leave the country while your waiver is being adjucticated.
So if the child is over 21 and unmarried then what happens?
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#23
04-05-2012, 01:24 AM
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Quote:
Originally Posted by TexasDreamy View Post
Sigh. My mom's a USC, but unfortunately I'm over 21. Looks like this won't really affect me at all..
A USC parent can sponsor her son/daughter over 21 unmarried. It comes under the F1 category. You can also use the 245i grandfather clause if anything was filed.
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#24
04-05-2012, 01:28 AM
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It says 'immediate relative'. That means the son/daughter unmarried has to be under 21 right? So between 17 and 20?

I read somewhere that about 70% of the extreme hardship cases are getting approved. Is there a list of what kind of waiver is getting approved anywhere?





Quote:
Originally Posted by saint seiya View Post
the waiver is for 21 and over as well.

http://www.uscis.gov/portal/site/usc...00082ca60aRCRD

An individual may seek a provisional unlawful presence waiver if he or she:
Is physically present in the United States;
Is at least 17 years of age;
Is the beneficiary of an approved immigrant visa petition (I-130) classifying him or her as an immediate relative of a U.S. citizen;
Is actively pursuing the immigrant visa process and has already paid the Department of State immigrant visa processing fee;
Is not subject to any other grounds of inadmissibility other than unlawful presence; and
Can demonstrate that the refusal of admission would result in extreme hardship to a U.S. citizen spouse or parent.

Questions:
http://www.uscis.gov/portal/site/usc...004718190aRCRD

Q7. Will I use the current Form I-601, Application for Waiver of Grounds of Admissibility to apply for a provisional waiver?

A7. No. USCIS is developing a new form for the proposed provisional unlawful presence waiver process – Form I-601A, Application for Provisional Unlawful Presence Waiver. The application filing fee is $585.00, the same fee required for the Form I-601. There is an additional biometric fee of $85.00 for applicants who are under 79 years of age. USCIS will post the proposed form in the Federal Register for formal comment in the near future.
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#25
04-05-2012, 02:02 AM
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Ive yet to find anything impeding an unmarried son over 21 from applying to this...
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#26
04-05-2012, 10:49 AM
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Quote:
Originally Posted by saint seiya View Post
Ive yet to find anything impeding an unmarried son over 21 from applying to this...
This part impedes an over 21 child:
Quote:
Is the beneficiary of an approved immigrant visa petition (I-130) classifying him or her as an immediate relative of a U.S. citizen;
Unmarried son or daughter over 21 is no longer an immediate relative. Your parents (if USC) can still petition for you as F1. The wait in line for a visa is at least 5-6 years (longer for some countries)...and this waiver won't help. So if you are not under 245i, then you will not be able to adjust without leaving the US/triggering 10 yr ban. Though having your parents put in a petition can't hurt (if you have the money for the application fee) because you never know when laws will change.
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Last edited by Swim19; 04-05-2012 at 11:01 AM..
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#27
04-05-2012, 10:55 AM
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so this means all the little mexican kids born here with illegal parents can petition millions of mexican parents ? holy crap man.
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#28
04-05-2012, 11:06 AM
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Quote:
Originally Posted by saint seiya View Post
so this means all the little mexican kids born here with illegal parents can petition millions of mexican parents ? holy crap man.
technically yes, but US citizen kids can't petition their parents until they are 21 years old and they would still need to prove 'extreme hardship' to their child if they left the US (unless they are under 245i)
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#29
04-05-2012, 11:21 AM
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this new tweak added to this law is crap then.
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#30
04-07-2012, 03:13 AM
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Quote:
Originally Posted by saint seiya View Post
this new tweak added to this law is crap then.
It helps bring the Immigration to the front burner.
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