Q: For form I-485(with I-130, child over 21 US citizen)the waiver for overstay visa should be sent together or on demand?
Should you send the waiver with all the other forms right from the get go, or send your forms and see if they ask for the waiver?
A: If the sponsor is a US Citizen child over 21 and you’re sponsoring a parent, you do not need a waiver for mom or dads overstay. Are you sponsoring your mom or dad?
A:
When filing Form I-485 along with Form I-130, it's important to consider the timing of submitting a waiver for an overstay visa. Including the waiver with your initial packet can streamline the process and may prevent delays. This way, all your documents are reviewed together, and you won’t have to wait for a request for the waiver, which can prolong the adjudication of your application.
However, if you feel unsure about whether the waiver is necessary at this stage, consulting the USCIS guidelines or seeking advice from a trusted source could provide clarity. Waiting for a request from USCIS can sometimes be an option, but it might lead to longer processing times.
Ultimately, sending the waiver with your initial application is generally advisable to ensure all potential issues are addressed upfront. This proactive approach can help in managing the overall timeline and reduce the back-and-forth with USCIS.
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