Provisionally Waiving The Unlawful Presence - I601A

A client inquired if she was petitioned by her adult child can she avail of the provisional waiver making her exempt from the 10 year ban. The answer is no. The provisional waiver only applies if there is extreme hardship to the US citizen spouse or parent but not the children. However, the client has a US citizen mother that is ill and needs constant care from her. The client may be petitioned by her adult child which will make a visa number readily available and the I601A waiver may be filed due to her mother's health situation. It is possible that the extreme hardship applies to the non-petitioning relative.


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