Top 3 Facts on I-601 Waivers, Latest Immigration Q&A from The Ranchod Law Group

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Hi this is Kaushik Ranchod here with our weekly immigration. I’m here with Brian and today we have a lot of exciting topics we’re going to talk about. I have updates on TPS. We’re going to talk about one of President Trump’s latest of memos, then we’re going to talk about I601 questions and a lot more so it’s action packed today!

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!

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