Los Angeles, CA asked in Immigration Law for California

Q: Parents in mexico were declined for residency, what are the chances the waiver will work, and how much is it?

They both live in mexico, I am a US Citizen, I already went through all the process and when they went to the US consulate in Juarez, they got penalized and declined due to overstaying more than 365 days and due to misrepresentation 212 a 6 c i, and 212 a 9 b ii, at the bottom it says they can apply for i 601 waiver, my real question here is what are the chances that they will get approved and how much is it, I know for a fact that it’s $930 for the waiver, but do they have to pay for two waivers each since it’s two different reasons ? They both got the ten-year penalty and won’t be able to reapply until 2023.

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1 Lawyer Answer
Kelli Y. Allen
PREMIUM
Kelli Y. Allen
Answered
  • Immigration Law Lawyer
  • Charlotte, NC

A: To be eligible for the waiver, they must be able to show extreme hardship to a qualifying relative. For purposes of the unlawful presence waiver, children are not qualifying relatives, only USC or LPR spouses or parents. So if there is no qualifying relative, they will have no option but to serve out the 10 year bar an re-apply.

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