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Thread: Waiver I-601 for parents

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    Waiver I-601 for parents

    I need advice in my case:
    I claim for immigrant visa for my parents. The case was approved in USA but they where rejected to have a visa in Bogota - COlombia under section
    212(a)(9)(B)(i)(II), becuase the stayed more than 365 days after the authorized date to saty in USA.
    The consul explain them that they qualify for a waiver. My question is what is the chance that they have approval with the waiver . In addition to my letter justifying why they must come to live with me, which other recommendation do you have for me?.
    Thanks

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    There was a debate on here awhile back (started by one of my threads ) as to whether or not a parent is eligible for a waiver through their USC child.... So the consul told them they were eligible for the waiver?

    The waiver itself is a brief with documentation of evidentiary support showing the hardship to You (the USC) if your parents were not admitted. My husband is in Colombia, so I used statistics off of nationmaster.com to help show the dangers of the USC living in Colombia. If you have any medical conditions that would make traveling to Colombia difficult, use that and a letter from your doctor, etc. Financial concerns, etc. There's a lot of I-601 waiver examples in the stickys, but the majority are from spousal points of view and not child/parent.
    04/30/07- first interview in Bogota, Colombia
    05/08/07- filed I-601 & I-212 transfered to Panama
    12/22/07- approved waiver
    01/02/08- received notice of approval

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    Yes, teh cosul told them that they are eligible for the waiver.
    Thanks

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    Welcome JZ - The most important thing for the waiver is that you prove the extreme hardship you will suffer if they are not allowed back to the U.S. There are a lot of approved letters posted on this site, but they are, almost entirely, for spouses. Still, reading through some of those will give an idea of what the Consulate will be looking for. You need to provide documentation of everything you state in the letter. I'm not sure what your arguments will be, but everything must be documented. It's not enough to say you want them to come live with you, you have to show the suffering you will have if they cannot come. If you want, you can post a draft here and people will offer feedback.

    Good luck!

    Need help?
    Read the guide for legal status for an undocumented significant other and EWI & Bans: What you need to know before you file. Check out the list of Resources for Removal Proceedings.

    Need information about the I-601 Waiver proving Extreme Hardship? Read these guides!

    Important threads
    *CDJ Interviews & Waiver Appointments* *Refiling After I-601 Denial in CDJ* *CDJ Experiences* *CDJ Referred to the 'Backlog' Waivers* *I-601 Spreadsheet - For all waivers except Mexico*

    Before sending private messages, please post your questions on the public forum!

    I am NOT an attorney. Nothing I post is legal advice. Please check all information you receive on this forum with a qualified immigration attorney.






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    Thank you for the idea of post my draft. I am just starting to work on it, but here is my initial draft.
    Comments welcome.



    I, Juan, declare under penalty of perjury, under the laws of the United States, that the forgoing is true and correct.

    I am submitting this affidavit in support of the I-601 Waiver of Grounds of Excludability (212(a)(9)(i)(II) for my Mother (NVC Case # 2006xxxxxx).

    HARDSHIPS TO ME, THE U.S. CITIZEN
    If my mother is not admitted to the United States, I will suffer unusual hardship above and beyond what I have already suffered. I do not have any other family in USA than my wife and a little boy; all of my direct relatives live in Colombia.
    Already since her departure (4 years ago), I just can visit her once a year or year and half, preventing her to share more time with my little baby (18 months), my wife and me. Because of her age (64) my main concerns is that she can not realize the dream of come to USA to live with me as is her desire if she must stay for 10 years in Colombia. Also I want that she and my father can take care of my baby instead of stay with strange people. The best nanny that my baby could have is my mother.
    Even as a successful professional as Information and Technology Vice President for a multi services company , with a beautiful family in USA I feel emotionally affected for not having my parents with me, as are their and me desire.
    They do not want to stay in, because they like this country, they feel that even with their age they can be productive here, something that is impossible to have in Colombia, they suffer of anciently and some depression because they are all the time in the apartment waiting for my monthly wire transfer to cover their expenses.
    My father was a successful businessman buying and selling bean coffee in our town until he broken in 1991 because a big downfall on bean prices. He lost all his properties and money, he was forced to leave the town, and then they went to leave with me. But financial and psychological pressure on me by his lenders and concerns about my security, I was forced to leave from Colombia and come to this beautiful country.
    Then my parents basically were hidden in different cities in Colombia, until they got their visa to USA. My mother never wanted to return to Colombia, but we took the decision that the best way to some day live in USA was to leave the country and star a legal process for their permanent immigration.


    I. CONCERNS
    My mother depends economically from my complete support (Exhibit A). My parents can not support them economically by their self because of their age they do not have any opportunity to have a job.
    Colombia has a high crime index that worries me about her.

    Also if she lives with me, I will reduce my monthly expenses on her rented apartment and utilities that I pay in Colombia. If I can get rid off the expenses I can bring her a better quality of life here.


    II. FINANCIAL HARDSHIP AND LACK OF EDUCATIONAL OPPORTUNITY
    Here in the U.S. I am employed with an annual salary of $127,441 (Exhibit B) plus some benefits including tuition reimbursement. My wife has a Master Degree in ZZZZZ and is a part time professor (just 6 hours a week) in YYYY College (XXXX County), who can not work full time because of our little boy care. If my mother would care our baby my wife has the opportunity of work full time, get more benefits and improve our lives, including my parents. More professional development can be improved because of my desire of have a Master Degree in Telecommunications and also for my wife if she can be more involved with her professional skills and bring to out boy a great education.

    Please allow my mother to come home to me, so that we may once again live together. She will not represent a burden for USA. Please give her the opportunity to live the American Dream in the safety and security of the great U.S.A. that so many Americans take for granted every day.

    Sincerely,

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    Just remember to focus on your hardships and not those of your parents. The consulate does not care about the hardships of your parents at all.

    "they suffer of anciently and some depression because they are all the time in the apartment waiting for my monthly wire transfer to cover their expenses."

    suffer from anxiety- make sure you use a spell checker. There's a few grammatical errors, but spell checker should help.
    04/30/07- first interview in Bogota, Colombia
    05/08/07- filed I-601 & I-212 transfered to Panama
    12/22/07- approved waiver
    01/02/08- received notice of approval

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    Quote Originally Posted by JZULUAGA View Post
    I need advice in my case:
    I claim for immigrant visa for my parents. The case was approved in USA but they where rejected to have a visa in Bogota - COlombia under section
    212(a)(9)(B)(i)(II), becuase the stayed more than 365 days after the authorized date to saty in USA.
    The consul explain them that they qualify for a waiver. My question is what is the chance that they have approval with the waiver . In addition to my letter justifying why they must come to live with me, which other recommendation do you have for me?.
    Thanks
    Pinkpig: JZULUOGA ASKS: I need advice in my case:
    I claim for immigrant visa for my parents. The case was approved in USA but they where rejected to have a visa in Bogota - COlombia under section
    212(a)(9)(B)(i)(II), becuase the stayed more than 365 days after the authorized date to saty in USA.
    The consul explain them that they qualify for a waiver. My question is what is the chance that they have approval with the waiver . In addition to my letter justifying why they must come to live with me, which other recommendation do you have for me?.
    Thanks

    This is Laurel Scott's answer from her chat 10/17/07:

    Laurel: Unless THEIR parents are US citizens or permanent residents, the consulate is incorrect and your parents will not be eligible to apply for a waiver as they have no qualifying relatives. A child is not a qualifying relative for prior unlawful presence. If the consulate accepts it, CIS will deny as a matter of law.


    I am sorry to pass this on to you but you need to know the facts.

    “Great minds discuss ideas; Average minds discuss events; Small minds discuss people” -- Eleanor Roosevelt
    "A man can fail many times, but he isn't a failure until he begins to blame somebody else" -- John Burroughs

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    Hmmmm, this is different. Since when can a USC file the I-601 for their parents? If this is something new, then I know some people that need to go file some waivers for their parents that were denied recently in Mexico.
    3/9/02 - Married the love of my life
    6/1/05 - Sent I-130
    8/7/07 - Visa appt in CDJ
    8/9/07 - Infopass appt (APPROVED)

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    I am not a lawyer and nothing I say should be considered legal advice.

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    Quote Originally Posted by Rosa View Post
    Hmmmm, this is different. Since when can a USC file the I-601 for their parents? If this is something new, then I know some people that need to go file some waivers for their parents that were denied recently in Mexico.
    read Laurel's response to this question posted in the post just above yours....

    This is Laurel Scott's answer from her chat 10/17/07:

    Laurel: Unless THEIR parents are US citizens or permanent residents, the consulate is incorrect and your parents will not be eligible to apply for a waiver as they have no qualifying relatives. A child is not a qualifying relative for prior unlawful presence. If the consulate accepts it, CIS will deny as a matter of law.

    “Great minds discuss ideas; Average minds discuss events; Small minds discuss people” -- Eleanor Roosevelt
    "A man can fail many times, but he isn't a failure until he begins to blame somebody else" -- John Burroughs

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