Archive for category: I 601 Waivers

First of all there has been some great feedback about the TPS Judge ruling where basically TPS is back, based off of a Judge’s ruling.

If you missed last weeks video go check it out. Also, I wanted to add that the countries that are renewed for TPS are:

• Sudan
• Haiti
• El Salvador
• Nicaragua

Interview Representation with USCIS?

So Brian do you have any questions for me or what are the questions that we’ve been getting?
BRIAN: I hear a lot of clients asking if it’s necessary or required to have an attorney for the interviews with USCIS: do they need to hire an attorney to represent them on an interview with USCIS?
Kaushik: It’s not required to have an attorney at the interview with USCIS. What’s happened is that there’s a memo that was passed in September of this year that’s really changed things. What’s happening now with USCIS is if they deny an application, in most cases, if you’re out of status, you’re gonna get issued a notice to appear in deportation court or put into removal proceedings.

Therefore even the cleanest cases can have problems, issues or surprises especially in today’s climate, so it’s important to have representation to protect you in the event that a surprise happens with the officer not following the law: representation can make sure that there’s no misinterpretations that happen which could lead to a denial.

Permanent Resident Child petition for Parents

Alright what other questions do you have for me Brian? What are the questions are we getting today?

BRIAN: People often ask if a permanent resident child can petition for their parents.

Kaushik: That’s a great question! If you are a parent of a permanent resident child then the question is: how does that affect you?? Well your child needs to become a United States citizen because a permanent resident child cannot file for a parent unless they’re in a US citizen, so they could help you to become a US citizen.

Now how about the second step if they enter lawfully? Can only a citizen petition for that waiver? Can a child petition for a Waiver for a parent? No a child cannot petition for a parent but a spouse or a parent can file for a child. So if you’re a US citizen child, you might be eligible for 245 I. That can be an option. Now if the parent entered lawfully with a visa then that means that the parent entered with inspection and the child could file in that respect.

I601 Waivers for Children?

Another question that we get is: how about a parent – can a parent do the Waiver ask for forgiveness for a child? A parent can file specifically for an i-601 waiver for the child – that would be possible: parents who are US citizens can file specifically for a child in the I601 situation.

A Recent Success Story

Also we recently received an i-601 waiver approval in this situation: the client was in the United States on a visa and while they were here, they were charged unfortunately with immigration fraud. After a long long process they were put into removal proceedings. What happened then, is they had to go back to India. When there, we filed for an I-601 waiver for them and we were able to get an approval so that they could be reunited.
OK, we want to thank you for tuning in to our weekly immigration show. Tune in next week Wednesday at 12, we’ll continue to provide you with great information and see you next week!

I want to share a success story of a recent case where we got the Waiver approved for someone who entered on DACA

This person came to the United States as a child and doesn’t know Spanish very well: if his wife were to return home, she would face extreme hardship because financially she wouldn’t be able to support herself and on top of this, she is pregnant: anyone with children knows how expensive it is to have kids.
if she were to go back to Mexico with her husband, they wouldn’t be able to support themselves especially with the child which is what we argued to prove extreme hardship. We also argued that she had suffered a very difficult childhood and had mental conditions: this is all about the United States citizen – exceptional hardship has to be about the United States Citizen not about the immigrant; if you’ve entered the United States illegally it’s not about you it’s about your spouse who entered or is here as a US citizen. This is what the law provides and that is if you as a US citizen had to return to your spouse’s home country – this is another prerequisite. If your spouse is a US citizen or permanent resident, then you’re eligible for an I-601 a waiver.

If you want to know more about the I-601 waiver and DACA, take a look at our Videos on this subject.

So I digressed, I’m going to go back to the hardships that we focused on. So far we talked about mental hardship and we talked about financial hardship. Additionally we also argued about the country conditions that are prevalent in Mexico, the gang violence, the lack of access to health care, etc. which are current in certain regions of Mexico. We used all of these arguments to create an extreme hardship case that was ultimately approved.

The big question that I’ve been getting since I’ve shared this success story is:

Do you need to have applied for DACA and be approved for DACA in order to qualify for the I-601a waiver?

I don’t want you to be confused about this specific case where this person had DACA. You do not need to have been approved for DACA and you don’t need to have applied for DACA if you’re married to a US citizen or if you’re a child and you have a parent who is a US citizen. You might be able to qualify for this specific I-601a waiver and you can also be a permanent resident as well.
So as you can see every case is unique, every case has unique factors so for this I invite you to contact our office at (916) 613-3553 or email us at info at info@ranchodlaw.com to learn about your options – we’re here to help you every single day. This is a very difficult time right now in our country for people with your specific situation. I don’t want you to be afraid: there is hope, contact us and we can make things right for you. Thanks and have an awesome day