“Can I sponsor my mom and/or dad?” FValdezLaw has compiled this deck to provide general information on U.S. Citizens applying for a parent with additional material regarding the Provisional Unlawful Presence Waiver (I-601A). This includes a breakdown on parental petitions, who may qualify for this waiver, and other info you will need when deciding whether to apply for the I-601A stateside immigration waiver for a parent. Have a suggestion for additional immigration law topics? Let us know! Website: http://fvaldezlaw.com Facebook: https://www.facebook.com/FValdezLaw/ Twitter: https://twitter.com/fvaldezlaw LinkedIn: https://www.linkedin.com/company/567563 YouTube: https://www.youtube.com/channel/UCUrEkDM1oFUSMEUcTvAfbUg DISCLAIMER: The content of this PowerPoint is not intended to substitute specific advice which is relevant to all the facts and circumstances of your unique case. FValdezLaw recommends you seek a detailed legal consultation for that purpose.

1. U.S. Citizen Petitioning for their Parent
and
The Potential Need for a Provisional Unlawful Presence Waiver
(I-601A)

2. U.S. Citizens can petition for
● Their parent
● Their spouse
● Their child (unmarried and under 21)
● Their son or daughter (over 21)
unmarried
● Their son or daughter (over 21) married
● Siblings
USCs Can Petition For

3. USC Carmen wants to petition for her
father, Ernesto.
USCs Can Petition For
Carmen- USC Ernesto – No
Status
U.S. Citizens (USC)
Petitioning For Their Parent
● To petition their parent, a USC must
be at least 21 years old.
● They must prove the parent/child
relationship through the I-130
process.

4. Ernesto lives in Australia and has always entered
and exited the USA with permission and on
schedule. He should not need a waiver.
Is a Waiver Needed? If The Parent Is In Another
Country
The immigrant parent should not need a
waiver and might be able to come to the
U.S. as a lawful permanent resident (LPR)
through a process called Consular
Processing if the immigrant parent:
● Lives in another country
● Has never overstayed a visa
● Has never acquired unlawful presence in the
U.S.
● Does not have a
○ Criminal history,
○ Deportation history,
○ Or other issues.
Carmen- USC Ernesto – No
Status

5. Karen has a USC child and lives in the
USA and entered the USA once without
inspection or permission in 1995.
Is a Waiver Needed? Waivers for Immigrant Parents
in the U.S.
An immigrant parent most likely will
need an unlawful presence waiver to
become a lawful permanent resident in
the future, if the immigrant parent:
● Is in the U.S.,
● Entered the U.S. without permission,
and
● Stayed in the U.S. without permission
for 6 months or more since their 18th
birthday.
Karen – No
Status
Kai – USC
Child

6. Karen should need a waiver.
Waiver Needed What is a Provisional Unlawful
Presence Waiver (I-601A)?
For a parent of a USC, an I-601A
waiver is needed for an individual who
entered the U.S. without inspection
and has stayed in the U.S. without
permission for 6 months or more, since
their 18th birthday.
(See disclaimerfor information on AOS
245(i) exception)
Karen – No
Status
Kai – USC
Child

7. Even though they have a USC son or daughter, undocumented parents
will not be able to become LPRs until they are able to waive** a 10 year
bar from entering the U.S.
**An approved I-601A provisional waiver “waives” the 10 year bar.

8. Qualifying Relative
Karen’s USC child does notqualify to be considered as
the USC who will suffer extreme hardship. ButKaren’s
mother, Janice, is an LPR and Janice’shardship can be
considered in regardsto the waiver.
Who qualifies for a waiver?
To qualify for an unlawful presence
waiver, the applicant must show
extreme hardship* to their U.S. Citizen
(USC) or Legal Permanent Resident
(LPR) parent or spouse.**
*The undocumented immigrant in this situationmust show
that they have a USC or LPR parent or spouse.
**If the undocumented immigrant does not have a parent or
spouse that is a USC or LPR, they cannot apply for an
unlawful presence waiver.
Karen – No
Status
Kai – USC
Child

9. The law does not allow the parent of a USC son or daughter to use
their USC child as a qualifying relative for an I-601A.

10. Benefits of the Provisional Unlawful Presence Waiver
The provisional unlawful presence waiver is a benefit because previously
individuals could only ask for waivers while in their home country. Waiver
applicants often had to wait long periods of time to get an answer and if
they were denied they could not come to the U.S. lawfully without waiting
10 years. The applicant will ultimately have to return to their home
country to complete the process. However, they will have an adjudication
on their waiver before returning to their home country. Undocumented
immigrantsshould only consider leaving the U.S. with an approved I-
601A.

11. DisclaimerThis powerpoint is for educational purposes only and should not be considered legal advice.
All USC children should consult with an attorney before deciding to petition for their immigrant parents.
If the immigrant parent entered legally, they may be eligible for Adjustment of Status.
If the immigrant parent was the beneficiary or derivative of a petition filed on or before April 30, 2001, they might have
other options besides an I-601A.
If the immigrant parent needs a waiver, make sure they have a qualifying relative and that they can show extreme
hardship to that relative.
Every case is different! Criminal issues, immigration history, multiple entries/exits, and many other issues can make a
case extremely complex. The government also has discretion to approve or deny cases.
Do not file paperwork without consulting with an experienced immigration attorney or BIA accredited representative.

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