To be eligible for a PUPW, according to the USCIS website, the applicant must be an immediate relative of a US citizen, including parents. One of the requirements states: "Be able to demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen spouse or parent."
In this case the applicant would neither have a US citizen spouse or parent, but a US citizen daughter. Does this requirement apply to this particular case?
Alex Gregory IsbellImmigration AttorneyPhiladelphia, PA ·
The immigration and nationality act defines a child as a person who is under 21 and unmarried. So if your are under 21 and not married, potentially. But the bigger question looming is whether extreme hardship is present and this something that can only be fleshed out with a proper confidential consultation.
Cheers,
Alex
Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed ·
Provisional waiver is not a statutory but regulatory creation. It cannot change the language of the statute, which makes it clear that children, whether minor or adults are NOT qualifying relatives for purposes of the unlawful presence waiver.
If I understand your question correctly the waiver you are thinking of does not allow the showing of extreme hardship to U.S. citizen children, unfortunately, but per language only to a US citizen spouse or parent. Talk to an immigration attorney in person for the most accurate guidance and also to explore possible other options, if any. Good luck.
That's right - if you are a US citizen over 21 years of age you may be able to petition for your parents, and your parents would meet one of the requirements for a the provisional unlawful presence waiver (as immediate relatives of a US citizen, in their case, as the parents of a USC daughter). However, to qualify for the waiver, they must show extreme hardship to either a U.S. citizen spouse or parent. They are not eligible for the waiver if they can only show extreme to you, their daughter. Makes no sense, I know. But that's what the law says. Your parents may still have other options to consular process or adjust status within the US. They should have a consultation with an immigration attorney who can get their full history and explore options that you may not have thought of, as well as discuss what options might be best for your parents given their specific circumstances.
