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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105593
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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H and W entered illegally 23 yrs ago. Have daughter who

Customer Question

H and W entered illegally 23 yrs ago. Have daughter who lives in another state with American common law husband with their one and half yr old daughter. Filed I-130 earlier this yr. Daughter and her common law Husband have good paying jobs.
Q: In yr opinion does daughter stand a chance in proving hardship?
Is there a better option?
Submitted: 12 days ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 12 days ago.

Hello and welcome back. Please remember to use FOR GUILLERMO in the subject line and message box so that no one else grabs the question and I can become your personal immigration consultant.

For the I-601A waiver, you mean?

Customer: replied 12 days ago.
The waiver where the daughter must prove that the deportation of her parents would result in an extreme hardship.
Expert:  Guillermo J. Senmartin, Esq. replied 12 days ago.

There is no such waiver for the parents of a U.S. Citizen that entered illegally. That's one of the issues with that waiver, that it doesn't allow children to apply for parents. They just extended it to allow U.S. Lawful Permanent Resident parents or spouses to qualify for the I-601A waiver. Here is the link so that you can read about it:

https://www.uscis.gov/family/family-us-citizens/provisional-waiver/provisional-unlawful-presence-waivers

So unfortunately, this is not really an option for them. I am truly sorry.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 10 days ago.

Hello Joseph. 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 5 days ago.

Thank you for your kindness and respect. Good luck to you.

Expert:  Guillermo J. Senmartin, Esq. replied 4 days ago.

Joseph, out of interest, you are a long time user of this site and a subscription customer. This is at least the second question that I have answered for you and you have not left a positive rating for either. Is it something about me and my answers that you do no like? Please let me know so that I can better my responses. Thank you.

Expert:  Guillermo J. Senmartin, Esq. replied 3 days ago.

Hello Joseph. I don't know why you are ignoring me, but if you have some issue against me, at least next time you post in the immigration forum, please put NOT FOR GUILLERMO so that if I don't notice that it is you, I won't respond by accident and can let another expert handle your questions. Thank you.

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