Is there a way for me not to have to leave???

[Maria1971]

Hello everyone,

Back in 20?5 my mom a USA citizen applied for me through the i-30 and because I was married and had a child my category was f3, and time passed by and now I?ve received a couple of letters asking for payments which I already made and also my attorney prepared a petition fir a waiver since I?ve been in the USA the entire time illegally.
My question is do I need to leave the country is there a way to avoid having to leave the country?
Recent may father has gotten sick with a terrible case of dementia and needs 24 hour care he?s been in the hospital and still is now for 40 days.
My mom was the one who petitioned but they were and are still married.
Anyone know?

[krypton9591]

Hello everyone,

Back in 20?5 my mom a USA citizen applied for me through the i-30 and because I was married and had a child my category was f3, and time passed by and now I?ve received a couple of letters asking for payments which I already made and also my attorney prepared a petition fir a waiver since I?ve been in the USA the entire time illegally.
My question is do I need to leave the country is there a way to avoid having to leave the country?
Recent may father has gotten sick with a terrible case of dementia and needs 24 hour care he?s been in the hospital and still is now for 40 days.
My mom was the one who petitioned but they were and are still married.
Anyone know?

is your case still currently pending? and were you in the US when you filed?

[Maria1971]

is your case still currently pending? and were you in the US when you filed?

Yes my case is still pending,
Yes I was in the US when I filed. I?ve been in the US since 1992 and I?ve never left the country since.
I was trying to see if through my dads condition which has been an extreme hardships if there?s any way to avoid having to leave the country, since my dad?s medical conditions truely requires my help as my mom can?t do it alone and she has had to stop working since his Dementia is so agressive.
Is there any way?

My attourney also has collected money for some fees.

I-864
DS-260
I-601
Biometrics

[newacct]

Yes my case is still pending,
Yes I was in the US when I filed. I?ve been in the US since 1992 and I?ve never left the country since.
I was trying to see if through my dads condition which has been an extreme hardships if there?s any way to avoid having to leave the country, since my dad?s medical conditions truely requires my help as my mom can?t do it alone and she has had to stop working since his Dementia is so agressive.
Is there any way?

My attourney also has collected money for some fees.

I-864
DS-260
I-601
Biometrics

You would have to leave the US to do Consular Processing because you are not eligible for AOS in your category when you are out of status. That is why you need a waiver -- leaving the US triggers a ban. The waiver is so that you don't have to wait abroad for a long time. Since you are in the US, you should be filing I-601A for a provisional waiver, and get the approval, before you decide leave the US, to avoid unexpectedly getting stuck with a denial outside the US if you apply for a I-601 outside the US. Is your father a US citizen or permanent resident? The waiver must be based on "extreme hardship" to your spouse or parent who is a US citizen or permanent resident. So hardship to your mother would count since she is a citizen. Hardship to your father would also count if he is a US citizen or permanent resident.

How did your mother and father immigrate? Who petitioned them? When? Were you under 21 and unmarried at the time they were petitioned?

Did you get DACA? If so, at what age did you get it? Have you had it continuously until now?

[Maria1971]

You would have to leave the US to do Consular Processing because you are not eligible for AOS in your category when you are out of status. That is why you need a waiver -- leaving the US triggers a ban. The waiver is so that you don't have to wait abroad for a long time. Since you are in the US, you should be filing I-601A for a provisional waiver, and get the approval, before you decide leave the US, to avoid unexpectedly getting stuck with a denial outside the US if you apply for a I-601 outside the US. Is your father a US citizen or permanent resident? The waiver must be based on "extreme hardship" to your spouse or parent who is a US citizen or permanent resident. So hardship to your mother would count since she is a citizen. Hardship to your father would also count if he is a US citizen or permanent resident.

How did your mother and father immigrate? Who petitioned them? When? Were you under 21 and unmarried at the time they were petitioned?

Did you get DACA? If so, at what age did you get it? Have you had it continuously until now?

My mother and father imigrantes to the USA with tourists visas and then they overrated for years until they found a family who sponsored my mom with an employment based green card. When my mom received her green card I was already 26. When they first applied at the dept of labor I was 23 years of age.

I?m 44 years old and don?t qualify for Daca

Back in 2005 my mom became a citizen so than she applied for me as a son of citizen , married.

Any options?

Please help!

Thank you

[newacct]

My mother and father imigrantes to the USA with tourists visas and then they overrated for years until they found a family who sponsored my mom with an employment based green card. When my mom received her green card I was already 26. When they first applied at the dept of labor I was 23 years of age.

I?m 44 years old and don?t qualify for Daca

Back in 2005 my mom became a citizen so than she applied for me as a son of citizen , married.

Any options?

Please help!

Thank you

So it seems like your parents were grandfathered under 245(i) since they were the beneficiaries of a labor certification filed before 2001, but you weren't, because you were already over 21 at the time their labor certification was filed, so you can't do AOS under 245(i) (which would otherwise have allowed you to adjust status despite being out of status).

So it seems like Consular Processing with a waiver would be the only way to go. If you've paid your immigrant visa processing fee to the Department of State, you can file I-601A (not I-601) for the provisional waiver while in the US. Do not leave the US until you get an approval for I-601A.

[Maria1971]

So it seems like your parents were grandfathered under 245(i) since they were the beneficiaries of a labor certification filed before 2001, but you weren't, because you were already over 21 at the time their labor certification was filed, so you can't do AOS under 245(i) (which would otherwise have allowed you to adjust status despite being out of status).

So it seems like Consular Processing with a waiver would be the only way to go. If you've paid your immigrant visa processing fee to the Department of State, you can file I-601A (not I-601) for the provisional waiver while in the US. Do not leave the US until you get an approval for I-601A.

Ok thank you very much for your help!
God bless!