Is 601A Provisional Waiver rule applicable for Person who lost job on H1b but needs to support his citizen child

[sbprasadrao]

A person on h1b visa loses job, he becomes illegal along with his spouse on h4 and family is expected to leave the country immediately. Since the family has to support their American citizen child, will this new immigration rule coming into effect from March 4 allow parents to apply for visa to continue stay in this country.

thanks

[Belle]

A person on h1b visa loses job, he becomes illegal along with his spouse on h4

Incorrect. This person becomes out of status - and that's a big difference from being illegally present. Illegal presense only starts if I-94 expires, and the H1 person stays in the US.

My second question is - why is presence in the US and support for the child tied? The employer will have to buy you a ticket back home where you can find a job to support your dependents. You can, of course, leave the US born child in the US in the care of someone you trust or even in the care of social services.

Also, what does it have to do with the 601 waiver? Are you eligible for a green card an inadmissible because of illegal presense? If so, you can use it to file for extereme hardship, sure.

[sbprasadrao]

why is presence in the US and support for the child tied? The employer will have to buy you a ticket back home where you can find a job to support your dependents. You can, of course, leave the US born child in the US in the care of someone you trust or even in the care of social services.

Reason i asked this question was because of this eligibility options taken from USCIS website article as below, and it also mentions Parent as eligible criteria..

I will NEVER EVER leave my child to anyone else.

An individual may seek a provisional unlawful presence waiver if he or she:

• Is physically present in the United States;
  
• Is at least 17 years of age;
  
• Is the beneficiary of an approved immigrant visa petition (I-130) classifying him or her as an immediate relative of a U.S. citizen;
  
• Is actively pursuing the immigrant visa process and has already paid the Department of State immigrant visa processing fee;
  
• Is not subject to any other grounds of inadmissibility other than unlawful presence; and
  
• Can demonstrate that the refusal of admission would result in extreme hardship to a U.S. citizen spouse or PARENT.
  

some people just want an easy way out.

If maintaining legal status for 10-15 years are not given automatic green cards, probably becoming illegal might help.

[pontevecchio]

You do have the option of going back home with your child. It is unlikely the new law will help you.

[Belle]

Really, so how does becoming illegal will make you, and I quote "beneficiary of an approved immigrant visa petition (I-130) classifying him or her as an immediate relative of a U.S. citizen"? And if you are such beneficiary, why don't you just adjust status... or wait, you want to become illegal, so you can use 601 waiver to file for an extereme hardship waiver (which will very likely be denied), because being legal and just filing for AOS is not easy enough for you?

You just does not seem to understand what you are talking about. Maybe that's the reason why you have such hard time getting the green card in the first place.

[sbprasadrao]

Really, so how does becoming illegal will make you, and I quote "beneficiary of an approved immigrant visa petition (I-130) classifying him or her as an immediate relative of a U.S. citizen"? And if you are such beneficiary, why don't you just adjust status... or wait, you want to become illegal, so you can use 601 waiver to file for an extereme hardship waiver (which will very likely be denied), because being legal and just filing for AOS is not easy enough for you?

You just does not seem to understand what you are talking about. Maybe that's the reason why you have such hard time getting the green card in the first place.

Belle, Thank you for politely pointing out the rule that answers my question.

[Belle]

Belle, Thank you for politely pointing out the rule that answers my question.

Well, I answered your question in my first response. Read the last sentense one more time. The answer is yes. Much like - if you don't want to go through the metal detector at the airport, then yes, you can get your self on the no-fly list and ask for a full cavity search, and yes, they will approve your request to do it on site.

[sbprasadrao]

Well, I answered your question in my first response. Read the last sentense one more time. The answer is yes. Much like - if you don't want to go through the metal detector at the airport, then yes, you can get your self on the no-fly list and ask for a full cavity search, and yes, they will approve your request to do it on site.

Your response was very abusive. God bless ....

[pontevecchio]

You have to support your child wherever she is born. What has "jus solis" got to do with the fact that you need to find a new sponsor soon or leave with your child. Shining India is very much a fact.