Okay guys I have a question my best friend is about to apply for her pardon (I-601A). She lives in North Carolina and she’s very scared to start the process. She will be hiring an attorney but she has some questions about the process. Her son who is in the military will make her elegible to apply for this. She wants to know how long will this process take and what kind of questions will they ask her. Will she have to do an interview? Please feel free to redirect my question if I’m not on the right forum. Thank you so much in advance. Any information will be greatly appreciated.
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Her son does not help her qualify for a waiver for the unlawful presence ban. She would only be considering a waiver if she entered illegally, and this thus ineligible for Adjustment of Status, and thus needs to leave the US to do Consular Processing abroad, but leaving the US will trigger a ban due to more than 180 days of unlawful presence accrued before leaving, and that's why she needs a waiver. An immigrant waiver for this ban is only possible if she can show that her US citizen or permanent resident spouse or parent will suffer extreme hardship if she can't be in the US. Does she have such a spouse or parent?
If she entered the US legally, then she would be eligible for Adjustment of Status upon being petitioned by a US citizen child over 21, with no ban and no need for any waivers.
If she entered illegally, her son being in the military might allow her to get Parole-in-Place (PiP). I am not sure whether people can still get this under Trump. But if she can get that, it would be like she had a legal entry and allow her to do Adjustment of Status, with no need for waivers.
This is my personal opinion and is not to be construed as legal advice.
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