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I'm desperate need advice plz! My mother was trying to visit the US on a fake visa 15 years ago and was turn around and they told her she can become eligible to return after 5 years. So I file for her to come to the US and when she went to the embassy she was denied a visa and was told she qualify for a waiver so we filed for the waiver. We get a letter requesting for more evidence for a qualified relative, and I can't be a qualified relative. Am the only relative she have here in the US. Is there anything else I can do?? We are running out of time 

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**Moved from Caribbean regional subform to Waivers (I-601 and I-212) and Administrative Processes (221g); OP may get quicker answers there**


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17-Jan-2017: Case number received

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Posted (edited)

What visa did she apply for? What was the precise inadmissibility?

 

If she has a misrepresentation bar and she is applying for an immigrant visa, then an I-601 would be needed. A son/daughter is not an eligible relative for this, though. There's no way around that.

If she is applying for a non-immigrant visa, then a waive undner INA 212(d)(3) may apply, but only at the CO's discretion to recommend one or not.

 

Since you said "i file for her" and "I-160 waiver" (presumably a typo on I-601), I'm going to assume it's the former (immigrant visa).

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Sounds like she was deported, 5 year, and has a Misrep issue, lifetime.

 

And no QR.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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4 minutes ago, Boiler said:

Sounds like she was deported, 5 year, and has a Misrep issue, lifetime.

 

And no QR.

That would be my presumption as well...just waiting for confirmation. :)


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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2 minutes ago, Boiler said:

Sounds like she was deported, 5 year, and has a Misrep issue, lifetime.

 

And no QR.

why son is not regarded as qulified relative.I heared a lot of children apply waiver for their parents becasue of surpport smuggling for their childrenand all waived

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8 minutes ago, geowrian said:

What visa did she apply for? What was the precise inadmissibility?

 

If she has a misrepresentation bar and she is applying for an immigrant visa, then an I-601 would be needed. A son/daughter is not an eligible relative for this, though. There's no way around that.

If she is applying for a non-immigrant visa, then a waive undner INA 212(d)(3) may apply, but only at the CO's discretion to recommend one or not.

 

Since you said "i file for her" and "I-160 waiver" (presumably a typo on I-601), I'm going to assume it's the former (immigrant visa).

I filled the I-130 for her and when she went to the embassy they told to filed for the waiver before they can move forward. Why would they told her to file for the waiver if they knew she wasn't elegble ?

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7 minutes ago, Boiler said:

Sounds like she was deported, 5 year, and has a Misrep issue, lifetime.

 

And no QR.

I was a kid then but I think that what happened. And yes it was a misrepresentation 

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They notified her of the option she has to proceed.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Without somebody to file a waiver no, as has been mentioned not the same requirement to visit.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Posted (edited)
26 minutes ago, ilovelondon said:

why son is not regarded as qulified relative.I heared a lot of children apply waiver for their parents becasue of surpport smuggling for their childrenand all waived

That's the requirements of the law.

https://www.uscis.gov/system/files_force/files/form/i-601instr.pdf

" You Are Seeking a Waiver Under INA Section 212(h) or (i) for Certain Criminal Grounds of Inadmissibility Under INA Section 212(a)(2) or for Immigration Fraud or Misrepresentation Under INA Section 212(a)(6)(c)

...

2. Immigration Fraud or Misrepresentation

If you are inadmissible because you sought to procure an immigration benefit by fraud or misrepresented a material fact (INA section 212(a)(6)(C)(i)), you may seek a waiver by filing this application.

NOTE: If you are inadmissible based on a false claim to be a U.S. citizen (INA section 212(a)(6)(C)(ii)), and if you made your false claim on or after September 30, 1996, a waiver under INA section 212(i) is not available to you and you should not file this application.A.

Your qualifying U.S. citizen, or lawful permanent resident relative (spouse or parent), or the K visa petitioner would experience extreme hardship if you were denied admission"

 

My emphasis in bold above.

 

26 minutes ago, DwayneandRaven said:

I filled the I-130 for her and when she went to the embassy they told to filed for the waiver before they can move forward. Why would they told her to file for the waiver if they knew she wasn't elegble ?

She has the option to be eligible for a waiver. However, she doesn't meet the requirements to actually be eligible due to the lack of a qualifying relative.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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50 minutes ago, ilovelondon said:

why son is not regarded as qulified relative.I heared a lot of children apply waiver for their parents becasue of surpport smuggling for their childrenand all waived

 

OP's mom's issue is for misrepresentation.  Alien smuggling is a different issue.

 

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