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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105644
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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J. Senmartin, Esq. Immigration Lawyer ONLY!!! Us Citizen son

Customer Question

FOR Guillermo J. Senmartin, Esq. Immigration Lawyer ONLY!!! Hello again. Us Citizen son over the age of 21 filed for his mom who is here in the USA with no Crim Rec or Deportations. She can not do her I-601-a here but she will have to to do it in Jauez
then they will determine how long to penalize her? Is this correct?
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
FOR Guillermo J. Senmartin, Esq. Immigration Lawyer ONLY!!!
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello my friend. Why can't she do the I-601A here in the U.S. to get the pre-approval before leaving to Cuidad Juarez?

Customer: replied 1 year ago.
An interview with an attorney told her she doesn't qualify as a child can't do that for a parent. Only only spouse for spouse and parents for children. But not children for parents! Is this attorney correct in saying that. He stated the parent will go to their appt in Juarez and then and only then find out what they will be penalized!
Customer: replied 1 year ago.
Thanks I'm in Mexico right now so I was slow getting your answer
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Yes, and no. If you look at the I-601A, the qualifying I-130 can be filed by a U.S. Citizen son or daughter over 21, but the hardship that is suffered by a U.S. Citizen spouse or parent. So if the person does not have a U.S. Citizen spouse or parent that will suffer hardship, then they have to do the I-601 waiver all outside of the U.S. The problem is that even the I-601 must still have at least a U.S. Citizen or U.S. Lawful Permanent Resident spouse or parent that will suffer extreme hardship. If they have no one, then even the I-601 will not work. If she leaves and does not have a qualifying relative that will suffer extreme hardship or she does have such a relative but fails to prove that the relative would suffer extreme hardship, then it is a 10 year bar that she cannot come back. Let me know if you need anything else, but please do not forget to rate me positively. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
What's going on, my friend? Is there something else that I can answer for you?