Can a permanent resident waiver a person? 3 Answers as of March 13, 2011

If my father needs me to waiver him and I am a permanent resident, can I waiver him?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Your father can be subject to removal at any time. However, you can petition for him. But your father would be subject to removal anyway, unless he applies for cancellation of removal. You don't have the ability to petition for him for immediate right to adjustment of status, as you would if you are a citizen. However, if he has been in the U.S. for at least 10 years, and his removal could be a hardship to a U.S. citizen or legal resident, then he is eligible for cancellation of removal. If you want to discuss the issue further, please feel free to call or e-mail to set up an appointment for a consultation.
Answer Applies to: California
Replied: 3/13/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
Yes an lpr can be used as the qualifying relative for a waiver. But it depends on what you are trying to waive as you may nit be eligible to be the qualifying relative.
Answer Applies to: Florida
Replied: 3/11/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
I am not sure want you mean by "waiver him." If you mean that your father needs to file a waiver because he is inadmissible to the U.S. based on prior unlawful presence or fraud/misrepresentation, then the waiver cannot be based on hardship to you since a US Citizen or permanent resident son/daughter is not one of the qualifying relatives for the waiver. If the waiver is needed due to a criminal matter, than you maybe a qualifying relative. However, that does not mean the waiver will be granted, only that it can be filed.
Answer Applies to: California
Replied: 3/11/2011
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