If the waiver gets approved how long would my spouse have to leave the US?

  • It really depends on the type of waiver. If we focus on a spouse petition, a US citizen spouse, and the spouse has filed a 601A provisional waiver, then that spouse generally is returned within one week.
  • There’s a separate type of a waiver. For example, there’s nothing to deal with the out-of-status time and some more of a criminal or other immigration violation. Those individuals can stay out of the country for six months to a year. It depends on the country.
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Can i apply for my parents who are undocumented, if I am a 21 years old US citizen?

  • Parents would have to return to Mexico to obtain an immigrant visa if they’re not 245(i) eligible. Unfortunately they’re not going to be eligible for a waiver because most of those parents have been illegally in the United States for one year or more so as soon as they leave the United States to obtain their immigrant visa, they start a ten year bar from returning to the United States.
  • For a spouse or a child there are waivers eligible so he or she can come back to the United States. However, for a parent of a USC, they are not eligible for a waiver.
  • That waiver was abolished under the new IIRIRA laws in 1996 so if your parent returns to the home country so that a waiver can be filed, please be aware that parent is going to have to remain outside of the United States for ten years before a waiver becomes eligible for him to return.

 

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Can I apply for waiver if my US citizen sibling files for me?

  • Yes, but the sibling is not a qualifying relative for the waiver so what that means is you need either a parent or a spouse and depending on what type of waiver. Sometimes children are qualifying relatives.
  • Depending on the waiver if you have those other family members in the United States that are permanent residents or citizens, then and only then will you be eligible to file for a waiver.

 

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