Please advise on I-130 petition which might require I-601 waiver? Extremely thankful for any guidance

Question

I (42) USC applied for a green card for my parent (P), mom (69). P has a 50 years old conviction considered by USCIS to be moral turpitude. P has been rehabilitated after jail of 1 year and 4 months. P was previously denied a I-601 waiver during P second marriage to a USC, now divorced. We appealed the I-601 unsuccessfully.  
 
I lived in LA at the time and we obtained a B1/B2 visa and waiver 212(A) (I) (I) /212(D) (3) (A) for P to come visit us.  
 
I am now in the same country as P (Sweden) more than 2 years. P needs my help, is alone here, no relatives other than me, single child.  My husband is alone in LA and this is financially and marriage-wise very stressful.  
 
1.  What are our chances of obtaining a waiver if my I-130 gets approved? 
 
2. The I-130 application is delayed, more than 2 years ago. I submitted case enquiries, got one answer and that was to keep waiting. Will a FOIA request help? What else can be done?

Ghenadie Rusu · Answer

Based on the information you've provided and the evolving circumstances surrounding your case, I believe there is a reasonable prospect of success in obtaining a waiver. The significant changes in circumstances, particularly your relocation to Sweden and the demonstrable impact on your marital and financial well-being, present compelling arguments in favor of a waiver. While it's true that a prior denial of a different waiver may present some challenges, the distinct circumstances of your current application could be viewed differently. Engaging an experienced immigration attorney could greatly enhance the chances of obtaining a positive outcome.  
 
Regarding the delay in the processing of the I-130 petition, such delays, though frustrating, are not uncommon, especially in cases with complicated backgrounds. It is advisable to maintain regular communication with USCIS through case inquiries, as persistent follow-up can be crucial in these scenarios. Submitting a FOIA request could provide valuable insights into the specifics of the processing delays and past denials, although it may not directly speed up the current I-130 process. Seeking assistance from your local congressional representative's office can sometimes facilitate additional information or expedite a stalled case.

James L. Arrasmith · Answer

In your situation, obtaining an I-601 waiver can be challenging, especially considering the previous denial and the nature of the conviction. However, each case is unique, and the approval of an I-601 waiver heavily depends on demonstrating extreme hardship to a U.S. citizen or lawful permanent resident family member. Given your circumstances and your parent's need for your support, this could potentially strengthen your case. 
 
For the I-130 petition delay, it's not uncommon for these applications to take a considerable amount of time, especially in complex cases. Filing a Freedom of Information Act (FOIA) request can provide you with more information about the status of the case and any possible issues that are causing the delay. Additionally, you might consider reaching out to a congressional representative's office, as they can sometimes assist in expediting delayed immigration cases. Consistent follow-up and staying informed about any changes in immigration policies or procedures is also advisable. 
 
Remember, each immigration case has its own nuances, so it's important to stay persistent and well-informed about the specifics of your situation. Consulting with an immigration attorney who has experience with waiver applications can also provide more tailored guidance based on the details of your case.

Q: Please advise on I-130 petition which might require I-601 waiver? Extremely thankful for any guidance