How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Expert James Your Own Question

Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7414
Experience:  Experienced in all aspects of immigration and nationality law.
23431962
Type Your Immigration Law Question Here...
Expert James is online now
A new question is answered every 9 seconds

any help on my situation will be appreciated -> my mother

Resolved Question:

any help on my situation will be appreciated

-> my mother had b1/b2 visitor visa and she traveled to US several times from 2001 - 2004 for university programs and seminars etc etc...on her last visit in 2004 she overstayed and applied for H1 through a software consultant...h1b approved till 2007 ..she got her SSN & DL ...she worked on h1b for 1-2 months and started her own business(beauty salon) in 2004 itself...she sold the business in 2010 and decided to return back to india...


->my mother applied for visitor visa again in 2011 india , she did not fill in SSN and Drivers License information in visa application ...she did not mention her change of status to h1b in her visa application... during the interview visa officer asked regarding change of status and told her that she might need a waiver and asked her to send all the h1 documents...after sending all the documents to the consulate in india...we received a response after 6 months .. visa was denied 212(a)(6)(c)(i) - misrepresentation and 214(b)...she had clean criminal/driving records in the US...no EWI nothing...

->i am in the US since 2007...recently got my h1b approved (change of status from F1 in 2012) ...my elder sister is a US citizen... my father and younger sister are in india hold 10yrs valid multiple entry visitor visa

->i would like to know if my sister can apply for a i601 waiver for my mother...
-> sister does not work here in the US, can i being on H1b be a co-sponsor (i have tax returns and above poverty income...)??
->in regards XXXXX XXXXX sister has some medical conditions that needs some one close from family to be with her...is this enough??
->what are the chances of i601 approval? ?
->any lawyers in chicago area with good i601 waiver experience??
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.
Thank you for using this service to find answers to your questions. Please note that I earn my living by helping customers like you. I only ask that you rate me positively when we are finished. Keep in mind that the law sometimes does not have a good solution to your issue, but I will do my best to find one for you. Also, if you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further.

Is your sister intending to sponsor your mother for an immigrant visa to help her become a permanent resident?
Customer: replied 1 year ago.

Is your sister intending to sponsor your mother for an immigrant visa to help her become a permanent resident?


 


Yes , we would like her to become a permanent resident

Expert:  Expert James replied 1 year ago.
Hi there,

Thanks for the additional information. I'll take your questions, one-by-one. Please keep in mind that sometimes, the law does not provide a good solution to your questions; so no matter how much I would like to change it, I cannot.

QUESTION 1: would like to know if my sister can apply for a i601 waiver for my mother...
ANSWER: Your sister does not file the I-601 for your mother. Your sister only is involved in this to the extent that she file the I-130 petition for her mother, and continues with the sponsorship of the immigrant visa. The I-601 belongs to your mother, and only she can apply for the waiver, based on the extreme hardship of a US citizen or permanent resident who is an immediate relative of your mother.

QUESTION 2: In regards XXXXX XXXXX sister has some medical conditions that needs some one close from family to be with her...is this enough??
ANSWER: It certainly is helpful, but I cannot make a judgment as to whether or not it is enough. It depends on how much help and assistance she needs, and how much she currently is getting, the type of hardship she faces with this medical condition if her mother is not here, etc. That is something she needs to discuss with an attorney who knows all of the facts; this is not really the appropriate forum through which a judgment should be made as to the usefulness of this reason.

QUESTION 3: What are the chances of i601 approval?
ANSWER: Each case is reviewed on a case by case basis, and determinations are made when considering the totality of the circumstances, including the severity of the hardship, how much help the alien can be in alleviating the hardship if she were allowed to enter, how egregious the offense that caused the inadmissibility, etc. So it is very hard to say what the chances of success are in each case, without knowing and seeing the entirety of the situation. I can say that these are not very easy to get approval, but approvals do happen in large number of cases.

Here is some great information on the I-601 process, including information on the hardship requirement: http://www.scottimmigration.net/content/i601memo.

QUESTION 4: Any lawyers in chicago area with good i601 waiver experience?
ANSWER: We are not allowed to recommend attorneys or to take on customers as clients ourselves. But the best way to find a good, reputable attorney is to go through the professional association for immigration attorneys, AILA. Here you can find attorneys in the areas you want: www.ailalawyer.com. These attorney's credentials and disciplinary histories are checked by AILA, so you should be able to find someone who can help you in this situation.

I hope I have answered your questions. If you're satisfied my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. If you require more information, simply ask instead of giving a bottom two rating. The bottom two negative ratings are reserved for pros who are rude and/or bad at their job, and I'm confident you'll find me to always be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!
Customer: replied 1 year ago.

extending question 1:


is my mother eligible for a waiver in the first place? she was rejected under 212(a)(6)(c)(i) - misrepresentation and 214(b)


 


What are the timelines for the process beginning from application to approval and my mother to be here at earliest if everything is approved.


 


 


Question 5: Not answered initially
My sister does not work here in the US, can i being on H1b be a co-sponsor (i have tax returns and above poverty income...)??

Expert:  Expert James replied 1 year ago.
Hi there,

Sorry about the delay. After I answered your question, I logged out of the system temporarily. My apologies for any inconvenience this may have caused.

QUESTION: Is my mother eligible for a waiver in the first place? she was rejected under 212(a)(6)(c)(i) - misrepresentation and 214(b)

ANSWER: Yes.

 

As for 214(b), it does not result in a ban from the US. So the I-601 has nothing to do with this.

 

Fraud and misrepresentation is a completely different issue. With this finding, she is inadmissible to the US. So she needs to get form I-601 approved. Yes, she is eligible for I-601.


QUESTION: What are the timelines for the process beginning from application to approval and my mother to be here at earliest if everything is approved.
ANSWER: I would be prepared to wait at least 1 year.

QUESTION: My sister does not work here in the US, can i being on H1b be a co-sponsor (i have tax returns and above poverty income...)??

ANSWER: You cannot be a joint sponsor. One of the eligibility requirements is that a sponsor must be either an American citizen or a lawful permanent resident.

 

My apologies for that not addressing this earlier. I was trying to get the formatting right and it looks like I accidentally deleted that question. Thank you for bringing this to my attention.

 

I hope I have answered your questions. If you're satisfied my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. If you require more information, simply ask instead of giving a bottom two rating. The bottom two negative ratings are reserved for pros who are rude and/or bad at their job, and I'm confident you'll find me to always be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!

 

Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7414
Experience: Experienced in all aspects of immigration and nationality law.
Expert James and 3 other Immigration Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Guillermo J. Senmartin, Esq.

    Immigration Lawyer

    Satisfied Customers:

    30464
    10+ years of experience in various aspects of U.S. Immigration Law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Immigration Lawyer

    Satisfied Customers:

    30464
    10+ years of experience in various aspects of U.S. Immigration Law.
  • http://ww2.justanswer.com/uploads/GE/GeorgetownLawyr/2011-6-16_115959_MeatOffice.64x64.JPG Georgetown Lawyer's Avatar

    Georgetown Lawyer

    Immigration Lawyer

    Satisfied Customers:

    8543
    10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
  • http://ww2.justanswer.com/uploads/personwilt/2010-1-10_164828_person1.jpg Wilton A. Person's Avatar

    Wilton A. Person

    Immigration Lawyer

    Satisfied Customers:

    3550
    Knowledgeable and experienced immigration lawyer.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2889
    Private practice in several areas, including immigration
  • http://ww2.justanswer.com/uploads/Assielle/2008-12-13_165256_2_edited.jpg Law Girl's Avatar

    Law Girl

    Lawyer

    Satisfied Customers:

    451
    My law firm practices immigration law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    238
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/VI/Vilnius100/2012-7-12_193419_Gintare.64x64.JPG Gintare Grigaite's Avatar

    Gintare Grigaite

    Immigration Attorney

    Satisfied Customers:

    185
    Expert Immigration Attorney
 
 
 

Related Immigration Law Questions