QUESTION

is there any way i can fix my parents papers without my mom having to go back to El Salvador for 10 years?

Asked on Aug 03rd, 2021 on Immigration - North Carolina
More details to this question:
my dad came in 1997 but managed to get a tps. my mom came in 2000-2001 and tried to apply for some sort of legal status, but the lawyer pretty much dropped the case and stole the money theyโ€™d been paying.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
If you are a US citizen 21 years of age are more and your mother has a parent or parents who are US citizens or permanent residents, she might be able to qualify under the I-601A provisional waiver program under which you would sponsor her for the I-130 relative petition, she would apply for an I-601A waiver of the 10 year bar while here in the US based upon extreme hardship to a parent, and once approved, she would consular process her immigrant visa at the American Embassy in San Salvador. If everything is okay at the interview, she would likely be outside the US for approximately a couple of months. Lacking a parent, there is the possibility that you might be able to petition for your TPS father if he is not subject to the 10 year bar, he would obtain his permanent residence first, and then serve as the base relative from whom your mother might be able to derive the waiver if she is able to prove that he would suffer extreme hardship if she could not be granted the waiver. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Sep 01st, 2021 at 5:24 PM

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