Portola Hills, CA Immigration Law Firms & Lawyers

Your aunt is not a citizen because she has been here for so many years. Actually, she only get a status (Such as green card or citizenship) if she applied for it and it was approved. She is a citizen if she ever applied for naturalization and it was approved. Sometimes, people who come here as a child do not understand their immigration status. If she doesn't know it, she should ask her parents or ask an immigration attorney who can inquire directly with he USCIS.

Good question. Your RFE should have listed the specific ways it has determined your I-601A has fallen short.   However, USCIS in general is focusing on financial hardship to the qualifying relative on the extreme hardship claim.  Your RFE though should provide specific guidance. USCIS is giving everyone a real hard time on I-601As. Many attorneys are convinced that USCIS is automatically issuing RFEs without even reading the application, since most of the RFEs look the same and don't cite specifically where the application is inadequate.  The feeling is USCIS doesn't like the provisional waiver policy and is being hostile to these I-601A applications. I hope that answers your question.  Good luck on your RFE response. Daniel Shanfield, Esq. - Immigration Defense PC      

Probably yes but we would need to know the reason you were given the bar in the first place - criminal record, fraud, overstay in the U.S.? Be prepared to document your ten years in the home country.