Writing my own 601--Need help :(

[Boiler 43,434]

The things they complain about still happen so I guess not a lot.

Seems more directed against USCIS than DOS.

[RhettVoe 281]

The supreme court cannot overturn a consular decision, nor can an immigration attorney...the decision took place outside of the US (an embassy is not a 51st state)...but the whole thing is moot because no waiver (for an immigrant visa) exists for a parent of a USC.....mainly because there is no EXTREME HARDSHIP that can realistically affect the USC (who must be 21 in order to have filed a petition in the first place..the hardship that might exist for thr beneficiary is not considered.

[Boiler 43,434]

That was not the reason, anchor babies were.

[Jawaree 717]

Dude thought I would help out (passing thru)

explanation: A kid cannot waiver a parent for only "overstay"

A kid can waiver a parent for " CIMT another issues" USC or LPR

Kid must show EXTREME hardship Y the parent is needed in US & show

Y they cannot move to parent country...hardship must be on beneficiary.

medical, financial,psychological and disabilities on YOU would qualify.

* A spouse or elderly parent can be a tad bit easier,than an adult kids

hardship,this discretionary process can be challenging but not impossible, unless

the adult kid has extreme ongoing medical probs with documents verifying this,

however financially U can argue if U have a biz that would lose lots of your money

invested with proof if U had to relocate, and additional hardship

Waiver packet would need a 221G embassy approval to file waiver at lockbox

HSL from U stating your extreme hardships

Attorneys Brief ( arguing the evidences in your packet)

Country conditions your mom lives in eg: crime, medical standard. employment rate

articles from showing crime stats from reputable newspapers

Family pictures (showing U both)

letter from your job stating your work is affected by the worry of your stress

Psychologist letter (more than one visit)

Letter from friends stating U are closely knitted to your community,Pastor letter

Everything should be about YOU not her.

I strongly suggest U hire a waiver atty even to write your briefs and guide U

when U get to that bridge...its an up-hill battle also a discretionary process

based on attys arguments and hardships U R showing ....Good luck bro

[Jawaree 717]

The supreme court cannot overturn a consular decision, nor can an immigration attorney...the decision took place outside of the US (an embassy is not a 51st state)...but the whole thing is moot because no waiver (for an immigrant visa) exists for a parent of a USC.....mainly because there is no EXTREME HARDSHIP that can realistically affect the USC (who must be 21 in order to have filed a petition in the first place..the hardship that might exist for thr beneficiary is not considered.

A kid can waiver a parent depending for what,"negative post again".

A kid cannot waiver a parent for overstays

[Boiler 43,434]

Or misrep, this is misrep.

[Jawaree 717]

Or misrep, this is misrep.

Thanks boiler (my bad)missed that misrep

Still say check with an atty for final answers OP

Edited April 7, 2014 by Jawaree

[Jawaree 717]

I re-read OP posts, I also read all the other posts (did not B4)

As I understand it OP mother did recieve a 221G saying "waiver needed"

having not seen all paper-work, its like hmmmm ?, both CO & atty indicated

the ability to so...Y fight it? If the 221G is denied, then an atty

would have to file an *Advisory Opinion* (only an atty can)

Labels and tags are taken off and dumped at Phoenix B4 sent on to Nebraska

USCIS reports at stakeholders meeting I think, so all those tags & pretty

labels are a waste...I say best to put your ID # in the corner of all

paper work, and all packets requires a 221G from consulate to be accepted in

Phoenix....$585 is the cost of the waiver

[Boiler 43,434]

No doubt a waiver is possible, just need a qualifying relative to file it.

[RhettVoe 281]

A Provisional Waiver for unlawful presence is available for parents, as of March or so of last year; if the applicant is ineligible (vs inadmissible), then that beneficiary is SOL.

[Duodedi 0]

Yeah, the officer told my mother to file an I-601 to refute the charge of misrep. We do have an attorney. I'm not just going to accept that this is an uphill battle, and therefore just sit back and do nothing.

[Boiler 43,434]

I am going to assume that the officer told her a I 601 could be filed, not that she could file it.

Second opinions can be good.

What was the misrep?

[ShirahBet 42]

Any waiver is available to be filed, under the right circumstances. Also, to the OP, why wouldn't you accept that it's an uphill battle? If you're going to fight, then why not know what you're in for? Nobody here is saying don't fight, but we are saying, look at the facts, try to find out as much information as possible before deciding to proceed. It's up to you.

[Duodedi 0]

I'm not doing nothing based on the fact that it's an uphill battle. I've already made it very clear that I am taking action, and I know what I am up against. If anyone wants more details AND you think you might be able to help me, pm. I'm not putting all my information up here just for people to tell me what i SHOULD have done, or what i CANNOT do. Misrep was Material Misrepresentation under INA 212(a)(6)©(i)

[RhettVoe 281]

Submitting an I-601 does not begin a process to refute the ineligibility; instead, it asks to waive the ineligibility. And, the recently enacted policy of allowing a provisional waiver is only for overstays, not for fraud and misrep.

Edited April 10, 2014 by RhettVoe