Can a mother who obtains a green card prepare a 601A waiver for adult, unmarried son?

[mommabull72]

Good morning! In September my husband became a citizen! YEAH! Long hard road but well worth it. His mom would like to immigrate here. We are going to prepare all the necessary paperwork for her application.

My question is - when she receives her lawful permanent resident status can she then petition for her adult son through a 601A waiver application? I know the regulations for who can apply for the 601A waiver changed in 2016 and I am wondering if this would include mothers petitioning for their adult children who have overstayed and/or are here illegally past 180 days?

Also, can my husband petition for his brother using a 601A waiver application if he can prove hardship?

Any information you can give is greatly apprecaited!!!!

[newacct]

Good morning! In September my husband became a citizen! YEAH! Long hard road but well worth it. His mom would like to immigrate here. We are going to prepare all the necessary paperwork for her application.

My question is - when she receives her lawful permanent resident status can she then petition for her adult son through a 601A waiver application? I know the regulations for who can apply for the 601A waiver changed in 2016 and I am wondering if this would include mothers petitioning for their adult children who have overstayed and/or are here illegally past 180 days?

Also, can my husband petition for his brother using a 601A waiver application if he can prove hardship?

Any information you can give is greatly apprecaited!!!!

An I-130 petition and a waiver or provisional waiver are two different things. Once she becomes a permanent resident, she can immediately file an I-130 petition for her unmarried children. The petition is just about establishing the relationship, and whether the beneficiary is in the US or not or what status they might have are not relevant to the petition. An unmarried over-21 child of a permanent resident is in the F2B category, which has a wait for visa numbers of around 7 years (longer for people born in Mexico or the Philippines). So only 7 (or however many) years after the I-130 is filed, will her son go through Consular Processing process, and it is at that point that a waiver or provisional waiver (if it is still available at that time) would be filed. Note that a waiver for the unlawful presence ban requires showing that the beneficiary's spouse or parent who is a US citizen or permanent resident (e.g. in this case, the beneficiary's mother who is a permanent resident) would suffer "extreme hardship" if the beneficiary can't be in the US, and this is not easy to do.

[RealReal]

Hello Everyone,

I am a naturalized citizen and am petitioning for my single adult son I 130, question is...... is it easier and faster a process if he was in the US ( he does have a visa in good standing and current ) and applied for a change in status OR is it easier and faster a process if i were to petition the I 130 while he is living overseas?

Thanks in advance for any help.

[newacct]

Hello Everyone,

I am a naturalized citizen and am petitioning for my single adult son I 130, question is...... is it easier and faster a process if he was in the US ( he does have a visa in good standing and current ) and applied for a change in status OR is it easier and faster a process if i were to petition the I 130 while he is living overseas?

Thanks in advance for any help.

Please start your own thread. If he is not in the US, he cannot enter the US on most types of nonimmigrant visas with a preconceived intent of applying for Adjustment of Status during that stay.

[RealReal]

Apologies , I couldn't figure out how to start my own thread. I will try to find out how.