USC Child petition for father

[ANROMFER]

I overstayed a B1 Visa in 1986 and lived illegally in the US for 24 years.
Left voluntarily after a divorce in 2010.

Have always had emotional and financial bond with my son.

During time in the US obtained a BS and MBA

No criminal record

Can my 21 yo son petition for me?
Does the 10 year bar apply to me?
Can I obtain a waiver?

Thank you!

[rayb]

Anromfer,

You son can petition you if he is 21 and has U.S. citizenship.

If you are faced with a 10-year bar for overstay, you can apply for a waiver from the overstay penalty, using form I-601 after your Embassy interview. Current cost for that form is $930, with no guarantee of approval.

--Ray B

I overstayed a B1 Visa in 1986 and lived illegally in the US for 24 years.
Left voluntarily after a divorce in 2010.

Have always had emotional and financial bond with my son.

During time in the US obtained a BS and MBA

No criminal record

Can my 21 yo son petition for me?
Does the 10 year bar apply to me?
Can I obtain a waiver?

Thank you!

[ANROMFER]

Son to Petition for Father

My son is US born and a citizen and resides in the US and just turned 21. I wanted to start the process and so...

I spoke to an attorney who told me that I should wait until the 10 years are up before we even apply because of the bar and that it would be impossible to get a waiver.

I left the US voluntarily in 2010 so I still have 2.5 years for the 10 years to be up.

Are you saying that I should proceed with the Application anyway and I would still get an interview and that point apply for a waiver using the I-601 form?

Maybe I need to get another attorney.
Does it matter where the attorney is located in the US?

[newacct]

My son is US born and a citizen and resides in the US and just turned 21. I wanted to start the process and so...

I spoke to an attorney who told me that I should wait until the 10 years are up before we even apply because of the bar and that it would be impossible to get a waiver.

I left the US voluntarily in 2010 so I still have 2.5 years for the 10 years to be up.

Are you saying that I should proceed with the Application anyway and I would still get an interview and that point apply for a waiver using the I-601 form?

Maybe I need to get another attorney.
Does it matter where the attorney is located in the US?

If you didn't leave the US, you would now be able to do Adjustment of Status in the US with no problems, but that's moot now.

You have a 10-year 9B unlawful presence ban. The immigrant waiver for this ban requires you to show that your LPR or USC spouse or parent would suffer "extreme hardship" if you can't be in the US. Do you have such a spouse or parent? If not, you have no route to a waiver and just have to wait out the ban.

[rayb]

The waiver request decision can be made after your Embassy interview. At time of your interview, you will be told if a waiver request, form I-601, will be accepted.

--Ray B

My son is US born and a citizen and resides in the US and just turned 21. I wanted to start the process and so...

I spoke to an attorney who told me that I should wait until the 10 years are up before we even apply because of the bar and that it would be impossible to get a waiver.

I left the US voluntarily in 2010 so I still have 2.5 years for the 10 years to be up.

Are you saying that I should proceed with the Application anyway and I would still get an interview and that point apply for a waiver using the I-601 form?

Maybe I need to get another attorney.
Does it matter where the attorney is located in the US?

[ANROMFER]

So should I proceed now?

So, I should start the process now anyway and then "pray" that they will say that they'll accept a waiver?
And if they don't then I can just wait the rest of the 2.5 years left to meet the 10 year ban?

The waiver request decision can be made after your Embassy interview. At time of your interview, you will be told if a waiver request, form I-601, will be accepted.

--Ray B

[rayb]

Yes, that how I understand the procedure. I've done this before, exactly as described, and everything worked out.

--Ray B

So, I should start the process now anyway and then "pray" that they will say that they'll accept a waiver?
And if they don't then I can just wait the rest of the 2.5 years left to meet the 10 year ban?

[newacct]

So, I should start the process now anyway and then "pray" that they will say that they'll accept a waiver?
And if they don't then I can just wait the rest of the 2.5 years left to meet the 10 year ban?

There's no praying involved if you don't have a qualifying relative for this waiver. You just can't get one, period. It is a matter of law; it's not up to the officer. You can get petitioned now, but the petition would have to sit there after approval until the ban is up before you can proceed with consular processing. Or you can just be petitioned when the ban is almost up; it makes no difference.

If you have an LPR or USC spouse or parent, then you could try a waiver and pray that you can demonstrate "extreme hardship".

[rayb]

The petitioner son is a U.S. citizen. If the waiver does not deny use of a waiver at completion of the Embassy interview, an I-601 waiver will usually satisfy the Embassy requirement, though evidence of "humanitarian need" would be appropriate.

--Ray B

There's no praying involved if you don't have a qualifying relative for this waiver. You just can't get one, period. It is a matter of law; it's not up to the officer. You can get petitioned now, but the petition would have to sit there after approval until the ban is up before you can proceed with consular processing. Or you can just be petitioned when the ban is almost up; it makes no difference.

If you have an LPR or USC spouse or parent, then you could try a waiver and pray that you can demonstrate "extreme hardship".

[newacct]

The petitioner son is a U.S. citizen. If the waiver does not deny use of a waiver at completion of the Embassy interview, an I-601 waiver will usually satisfy the Embassy requirement, though evidence of "humanitarian need" would be appropriate.

--Ray B

Not sure what you are talking about (the sentences don't make sense). But there is no way to waive this particular ban for immigrants except to demonstrate "extreme hardship" to the immigrant's USC or LPR spouse or parent. Who the petitioner is is irrelevant.

[rayb]

I have to agree with newacct guy that the petitioner must be a spouse or parent, though an I-601 waiver can be submitted for other than "overstay" reasons, i.e., criminal offenses.

--Ray B

Not sure what you are talking about (the sentences don't make sense). But there is no way to waive this particular ban for immigrants except to demonstrate "extreme hardship" to the immigrant's USC or LPR spouse or parent. Who the petitioner is is irrelevant.