Unfortunately, the only people who qualify for a waiver are either a United States or green card holder, parent, or a spouse. If the only person in the United States that you have who is a United States citizen is your child, then unfortunately you’re not going to eligible to apply for a green card. Although, your child can file an I-130, a family based petition for you, you won’t be able to change status or adjust status in the United States or even visa process because you won’t be eligible for a waiver. Again, in order to be eligible for a waiver, a child does not qualify as a qualifying relative to demonstrate hardship. Although your child might be able to sponsor you if you don’t have a parent or a spouse who is a citizen or a resident, you will not be able to get a green card and be eligible for a waiver. If you have questions related to these issues or think that you might be eligible for a waiver or aren’t sure, please call my office and I’d be happy to discuss your situation with you.
Cheryl R. David is an experienced immigration attorney working in New York City. Please contact us for your free initial consultation.