QUESTION
Is a waiver needed for I-130/I-485 of an overstayed immediate relative and is I-601 even relevant?
Asked on Jan 26th, 2014 on Immigration - California
More details to this question:
In the case of a concurrent filing of I-130/I-485 for a United State Citizen child (over 21) and an overstayed parent, who has an unauthorized employment history but no criminal record, no fraud, no previous removing or immigration violations, and no health issues. Will a waiver be needed? Is I-601 even relevant in this case, given that extreme hardship to a United State Citizen child cannot serve as the basis for Cerebral Palsy waiver? Is the parent is ineligible for Adjustment of Status? Are waivers only needed when a non citizen is not eligible for Adjustment of Status? Are the documents required in this case very similar or virtually identical to other "simpler" I-485 cases of a United State Citizen child petitioning for a lawfully present parent?
2 ANSWERS
No waiver is necessary as long as the beneficiary parent ENTERED the US lawfully.
Answered on Jan 31st, 2014 at 9:42 AM
Immigration Attorney serving Los Angeles, CA
at
Law Offices of Mary Lyn T. Sanga A Professional Corporation
Update Your Profile
If your mother came to the United States lawfully (with a valid visa) and has no other immigration violations aside from overstaying and unauthorized employment, there is no need for a waiver. However, I strongly recommend that you consult an immigration lawyer before filing the adjustment of status application to ensure that she is eligible for that benefit.
Answered on Jan 30th, 2014 at 12:55 PM