Help!! When do you file the i601 provisional waiver?

[violet.agui]

Hello All!

My father has been in the country illegally for almost 30 years. He has his immigrant visa interview appointment this July the 19th. This seems obvious they will make put an unlawful presence ban on him right? So my question is: Should we file the I601 Provisional Waiver for unlawful presence as soon as possible or is this a form you send in after the visa interview if the put a ban on him?

Please help!! Thank you.

[inadmissible]

He should file Form I-601A based on hardship caused to qualified relatives, and wait for its approval before departing the United States

[newacct]

He shouldn't have scheduled the visa appointment yet. The I-601A may take months; he should stay in the US during this time, which means he will miss his appointment and need to re-schedule.

By the way, a waiver requires showing "extreme hardship" to his spouse or parent who is a USC or LPR. Does he have such a relative?

Can you give more background about his situation? For example, did he enter legally or illegally? Did he only enter once? Who is petitioning him now? And was he ever the beneficiary of a petition before? Does he have an immediate family member in the US military?

[violet.agui]

More information.

I am the petitioner for my dad's immigrant visa. He entered the country one time illegally in 1995 and has been here ever since. He doesn't have anyone other than myself and my children to claim an extreme hardship if he leaves, so it's not much. No family members in the military. I had not sent in the waiver because the person I spoke with at the national visa center said to only send in i601 AFTER the visa interview if they tell him to. Not before. Was she wrong?

[newacct]

I am the petitioner for my dad's immigrant visa. He entered the country one time illegally in 1995 and has been here ever since. He doesn't have anyone other than myself and my children to claim an extreme hardship if he leaves, so it's not much. No family members in the military. I had not sent in the waiver because the person I spoke with at the national visa center said to only send in i601 AFTER the visa interview if they tell him to. Not before. Was she wrong?

I-601 is the regular waiver, and she is right that he would apply for that after being denied a visa. But what we are talking about is the provisional waiver, I-601A, the whole point of which is to be able to apply (and get the result) before deciding whether to leave the US, so he won't be stuck outside the US. This is a different process.

In any case, for a waiver for the 9B unlawful presence ban (provisional or regular), he needs a spouse or parent who is a USC or LPR. If he doesn't have such a relative, he doesn't qualify for a waiver anyway. What is the status of your mother? If she can immigrate first, then she can serve as the qualifying relative. Otherwise, if he doesn't qualify for or can't get a waiver, then he has no path to immigrate soon. Either he would keep staying in the US and hope that some kind of relief is offered in the future, or he would have to be stuck outside the US for 10 years.

[inadmissible]

or violet could join the guard or reserves

[violet.agui]

I did not realize I would not be able to apply for the waiver for him as his daughter. He is going to go ahead and attend the visa interview appointment and see what happens. We will be praying and it's up to God!

[newacct]

I did not realize I would not be able to apply for the waiver for him as his daughter. He is going to go ahead and attend the visa interview appointment and see what happens. We will be praying and it's up to God!

No, he should NOT go. He should NOT leave the US at this point. There is no "see what happens" -- it is absolutely certain that he will trigger a 10-year ban upon leaving the US. It's not up to the officers; they have no discretion in this.

[inadmissible]

God has already acted through Congress to ensure your father be statutorily inadmissible to the United States upon his departure. Like newacct says, there is no discretion available. Either join the armed forces or find him a citizen spouse if you want to get him permanent residency, otherwise accept the stress of him continuing his current status (or lack thereof), or let him enjoy a 10 year vacation abroad; those are your only choices. If he leaves the United States, his only option is the 10yr vacation