I-160 waiver

[DwayneandRaven 0]

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 

[millefleur 5,037]

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

[geowrian 22,336]

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 March 13, 2019 by geowrian

[Boiler 43,564]

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

 

And no QR.

[geowrian 22,336]

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.

[ilovelondon 22]

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

[DwayneandRaven 0]

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 ?

[DwayneandRaven 0]

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 

[Boiler 43,564]

They notified her of the option she has to proceed.

[DwayneandRaven 0]

1 minute ago, Boiler said:

They notified her of the option she has to proceed.

Is there anything can be done?

[Boiler 43,564]

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

[geowrian 22,336]

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 March 13, 2019 by geowrian

[Ate 180]

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.

 

[ilovelondon 22]

1 hour ago, Ate said:

 

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

 

oh.the law is so weird😄

[ilovelondon 22]

1 hour ago, Ate said:

 

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

 

I found Alien smuggling waiver is easier and faster approved.most of  them approved in 11 months.but misreprentaion need 18 months