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VisaJourney.com > Family & Marriage Based Immigration (K1, K3, IR1, etc) to the USA > Waivers (I-601 and I-212) and Administrative Processes (221g)

jamaicanyardie
Good day,

I filed for my mother and she was denied entry because she tried to illegally enter the US back in 2000. On the denial for it states 212(a)6©(i). I was wondering which waiver I can use for this case. the 601 states that it is for spouse or parent. 212 I think is for extreme cases. But I cannot find anywhere that has it for a son filing for his mother. Please help
Bocajr27
QUOTE (jamaicanyardie @ Oct 29 2009, 01:18 PM) *
Good day,

I filed for my mother and she was denied entry because she tried to illegally enter the US back in 2000. On the denial for it states 212(a)6©(i). I was wondering which waiver I can use for this case. the 601 states that it is for spouse or parent. 212 I think is for extreme cases. But I cannot find anywhere that has it for a son filing for his mother. Please help



Actually, you will need to file both the I601 and the I-212with the Embasy but not until the I-130 is approved. The only way that I can see that she wouldn't need to file the I-601 is if your I-130 is approved after the 10 year ban (meaning sometime in 2010). Now if that's the case, I'm not sure if you'll need to file the I-212 or not.
momof1
QUOTE (jamaicanyardie @ Oct 29 2009, 11:18 AM) *
Good day,

I filed for my mother and she was denied entry because she tried to illegally enter the US back in 2000. On the denial for it states 212(a)6©(i). I was wondering which waiver I can use for this case. the 601 states that it is for spouse or parent. 212 I think is for extreme cases. But I cannot find anywhere that has it for a son filing for his mother. Please help


212a6ci is for fraudulent entry. This inadmissibility can be waived with a 601 waiver. The 212 is persmission to reapply after deportation or removal.

A child is not a qualifying relative for the purpose of a waiver under 212(i). A child is only a qualifying relative under 212(h) which relates to Criminal ground of inadmissibility.

You can sponsor your mother for the visa, but you cannot file a waiver on her behalf. Her only Qualifing relative would be a US citizen/LPR spouse, parent, or fiance.

I'm sorry.
momof1
QUOTE (Bocajr27 @ Oct 29 2009, 11:52 AM) *
QUOTE (jamaicanyardie @ Oct 29 2009, 01:18 PM) *
Good day,

I filed for my mother and she was denied entry because she tried to illegally enter the US back in 2000. On the denial for it states 212(a)6©(i). I was wondering which waiver I can use for this case. the 601 states that it is for spouse or parent. 212 I think is for extreme cases. But I cannot find anywhere that has it for a son filing for his mother. Please help



Actually, you will need to file both the I601 and the I-212with the Embasy but not until the I-130 is approved. The only way that I can see that she wouldn't need to file the I-601 is if your I-130 is approved after the 10 year ban (meaning sometime in 2010). Now if that's the case, I'm not sure if you'll need to file the I-212 or not.


212 a6ci is a lifetime inadmissibility in which a waiver is immediately available. It is not the same as the 3 or 10 year bar for unlawful presence.

A 212 would only need to be filed, generally, if the person was removed or deported less than 5 years ago.
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