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U.S. Citizen Petitioning for their Parent and The Potential Need for a Provisional Unlawful Presence Waiver (I-601A)


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“Can I sponsor my mom and/or dad?” FValdezLaw has compiled this deck to provide
general information on U.S. Citizens applying for a parent with additional material
regarding the Provisional Unlawful Presence Waiver (I-601A). This includes a
breakdown on parental petitions, who may qualify for this waiver, and other info you will
need when deciding whether to apply for the I-601A stateside immigration waiver for a
Have a suggestion for additional immigration law topics? Let us know!
DISCLAIMER: The content of this PowerPoint is not intended to substitute specific
advice which is relevant to all the facts and circumstances of your unique case.
FValdezLaw recommends you seek a detailed legal consultation for that purpose.

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U.S. Citizen Petitioning for their Parent and The Potential Need for a Provisional Unlawful Presence Waiver (I-601A)

  1. 1. U.S. Citizen Petitioning for their Parent and The Potential Need for a Provisional Unlawful Presence Waiver (I-601A)
  2. 2. U.S. Citizens can petition for ● Their parent ● Their spouse ● Their child (unmarried and under 21) ● Their son or daughter (over 21) unmarried ● Their son or daughter (over 21) married ● Siblings USCs Can Petition For
  3. 3. USC Carmen wants to petition for her father, Ernesto. USCs Can Petition For Carmen- USC Ernesto – No Status U.S. Citizens (USC) Petitioning For Their Parent ● To petition their parent, a USC must be at least 21 years old. ● They must prove the parent/child relationship through the I-130 process.
  4. 4. Ernesto lives in Australia and has always entered and exited the USA with permission and on schedule. He should not need a waiver. Is a Waiver Needed? If The Parent Is In Another Country The immigrant parent should not need a waiver and might be able to come to the U.S. as a lawful permanent resident (LPR) through a process called Consular Processing if the immigrant parent: ● Lives in another country ● Has never overstayed a visa ● Has never acquired unlawful presence in the U.S. ● Does not have a ○ Criminal history, ○ Deportation history, ○ Or other issues. Carmen- USC Ernesto – No Status
  5. 5. Karen has a USC child and lives in the USA and entered the USA once without inspection or permission in 1995. Is a Waiver Needed? Waivers for Immigrant Parents in the U.S. An immigrant parent most likely will need an unlawful presence waiver to become a lawful permanent resident in the future, if the immigrant parent: ● Is in the U.S., ● Entered the U.S. without permission, and ● Stayed in the U.S. without permission for 6 months or more since their 18th birthday. Karen – No Status Kai – USC Child
  6. 6. Karen should need a waiver. Waiver Needed What is a Provisional Unlawful Presence Waiver (I-601A)? For a parent of a USC, an I-601A waiver is needed for an individual who entered the U.S. without inspection and has stayed in the U.S. without permission for 6 months or more, since their 18th birthday. (See disclaimerfor information on AOS 245(i) exception) Karen – No Status Kai – USC Child
  7. 7. Even though they have a USC son or daughter, undocumented parents will not be able to become LPRs until they are able to waive** a 10 year bar from entering the U.S. **An approved I-601A provisional waiver “waives” the 10 year bar.
  8. 8. Qualifying Relative Karen’s USC child does notqualify to be considered as the USC who will suffer extreme hardship. ButKaren’s mother, Janice, is an LPR and Janice’shardship can be considered in regardsto the waiver. Who qualifies for a waiver? To qualify for an unlawful presence waiver, the applicant must show extreme hardship* to their U.S. Citizen (USC) or Legal Permanent Resident (LPR) parent or spouse.** *The undocumented immigrant in this situationmust show that they have a USC or LPR parent or spouse. **If the undocumented immigrant does not have a parent or spouse that is a USC or LPR, they cannot apply for an unlawful presence waiver. Karen – No Status Kai – USC Child
  9. 9. The law does not allow the parent of a USC son or daughter to use their USC child as a qualifying relative for an I-601A.
  10. 10. Benefits of the Provisional Unlawful Presence Waiver The provisional unlawful presence waiver is a benefit because previously individuals could only ask for waivers while in their home country. Waiver applicants often had to wait long periods of time to get an answer and if they were denied they could not come to the U.S. lawfully without waiting 10 years. The applicant will ultimately have to return to their home country to complete the process. However, they will have an adjudication on their waiver before returning to their home country. Undocumented immigrantsshould only consider leaving the U.S. with an approved I- 601A.
  11. 11. DisclaimerThis powerpoint is for educational purposes only and should not be considered legal advice. All USC children should consult with an attorney before deciding to petition for their immigrant parents. If the immigrant parent entered legally, they may be eligible for Adjustment of Status. If the immigrant parent was the beneficiary or derivative of a petition filed on or before April 30, 2001, they might have other options besides an I-601A. If the immigrant parent needs a waiver, make sure they have a qualifying relative and that they can show extreme hardship to that relative. Every case is different! Criminal issues, immigration history, multiple entries/exits, and many other issues can make a case extremely complex. The government also has discretion to approve or deny cases. Do not file paperwork without consulting with an experienced immigration attorney or BIA accredited representative.
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