I-130 for parent

[Miguel1199 0]

2 hours ago, geowrian said:

Gotcha.

I'm going to assume this was not a close family member (spouse/parent/son/daughter) that she was accused of smuggling because she would know if they were legal or not.

This is a permanent, unwaivable bar for any immigrant visa, per INA 212(a)(6)(E).

Note that this is different than just a transportation or harboring an illegal alien (which is an aggravated felony in itself, but does not fall under alien smuggling). That would generally cover transportation within the US, but not across the border. It might not be a bad idea to seek an experienced immigration attorney's opinion on if her act can be covered only under transportation and not actual alien smuggling. Because if it does fall under alien smuggling and it was not one of those relatives mentioned, there is no immigrant visa waiver available.

 

FAM: https://fam.state.gov/fam/09FAM/09FAM030209.html#M302_9_7

 

Some good info: https://www.ilrc.org/sites/default/files/resources/alien_smuggling_practice_advisory-20170718.pdf

In particular, see pages 3 and 4.

Okay so this is what it says on one of the pages of her FOIA.  LIMITATIONS ON DISCRETIONARY RELIEF FOR FAILURE TO APPEAR 

 

1 X. You have been scheduled for a removal hearing, at the time and place set forth on the attached sheet. Failure to appear for this hearing will result in your being found ineligible for certain forms of relief under the immigration and nationality act for a period of (10) years after the date of entry of the final order of removal

 

[Miguel1199 0]

2 hours ago, geowrian said:

Gotcha.

I'm going to assume this was not a close family member (spouse/parent/son/daughter) that she was accused of smuggling because she would know if they were legal or not.

This is a permanent, unwaivable bar for any immigrant visa, per INA 212(a)(6)(E).

Note that this is different than just a transportation or harboring an illegal alien (which is an aggravated felony in itself, but does not fall under alien smuggling). That would generally cover transportation within the US, but not across the border. It might not be a bad idea to seek an experienced immigration attorney's opinion on if her act can be covered only under transportation and not actual alien smuggling. Because if it does fall under alien smuggling and it was not one of those relatives mentioned, there is no immigrant visa waiver available.

 

FAM: https://fam.state.gov/fam/09FAM/09FAM030209.html#M302_9_7

 

Some good info: https://www.ilrc.org/sites/default/files/resources/alien_smuggling_practice_advisory-20170718.pdf

In particular, see pages 3 and 4.

I don’t see INA 212(a)(6)(E in any of her FOIA Giles is it possible the charges were dropped but since she didn’t show up to court to explain the situation they issued a deportation order ?

 

[aaron2020 11,651]

3 minutes ago, Miguel1199 said:

Okay so this is what it says on one of the pages of her FOIA.  LIMITATIONS ON DISCRETIONARY RELIEF FOR FAILURE TO APPEAR 

 

1 X. You have been scheduled for a removal hearing, at the time and place set forth on the attached sheet. Failure to appear for this hearing will result in your being found ineligible for certain forms of relief under the immigration and nationality act for a period of (10) years after the date of entry of the final order of removal

 

Hi,

 

That's generic as there are many reasons people end up in immigration court and fail to appear.   Failing to appear for abandoning a green card is considerably different from human smuggling.  

You need to consult an experienced attorney.  Under the circumstances that you have disclosed, your mother is likely to have a lifetime ban.  

Best of luck.

[geowrian 22,335]

1 hour ago, Miguel1199 said:

Okay so this is what it says on one of the pages of her FOIA.  LIMITATIONS ON DISCRETIONARY RELIEF FOR FAILURE TO APPEAR 

 

1 X. You have been scheduled for a removal hearing, at the time and place set forth on the attached sheet. Failure to appear for this hearing will result in your being found ineligible for certain forms of relief under the immigration and nationality act for a period of (10) years after the date of entry of the final order of removal

1 hour ago, Miguel1199 said:

I don’t see INA 212(a)(6)(E in any of her FOIA Giles is it possible the charges were dropped but since she didn’t show up to court to explain the situation they issued a deportation order ?

She was not found to be inadmissible under INA 212(a)(6)(E), but there was no need to go that far as she was removed for another reason already. It appears there was at least an aggravated felony involved.

An INA 212(a)(6)(E) finding would only occur if she applies for another visa (and is otherwise eligible for it).

 

As noted above, this is something to be discused with an experienced immigration attorney...it's a very serious matter. They will be able to review the details of the event, the case, and the FOIA to determine if there is likely a human smuggling inadmissibility in play here.

Edited May 28, 2020 by geowrian

[SusieQQQ 11,584]

10 minutes ago, geowrian said:

She was not found to be inadmissible under INA 212(a)(6)(E), but there was no need to go that far as she was removed for another reason already. It appears there was at least an aggravated felony involved.

An INA 212(a)(6)(E) finding would only occur if she applies for another visa (and is otherwise eligible for it).

 

As noted above, this is something to be discused with an experienced immigration attorney...it's a very serious matter. They will be able to review the details of the event, the case, and the FOIA to determine if there is likely a human smuggling inadmissibility in play here.

A waiver is only available after the interview? If so - I’m wondering if she shouldn’t just do the interview and see if it’s brought up as an inadmissibility, and only then spend the money on an attorney? Conversely, what would a lawyer be able to do practically in advance of the interview, if a waiver is not available in advance?

 

 

 

2 hours ago, Miguel1199 said:

Okay so this is what it says on one of the pages of her FOIA.  LIMITATIONS ON DISCRETIONARY RELIEF FOR FAILURE TO APPEAR 

 

1 X. You have been scheduled for a removal hearing, at the time and place set forth on the attached sheet. Failure to appear for this hearing will result in your being found ineligible for certain forms of relief under the immigration and nationality act for a period of (10) years after the date of entry of the final order of removal

 

This sounds like a warning in advance of the hearing and not what happened at it?

 

 

[geowrian 22,335]

18 minutes ago, SusieQQQ said:

A waiver is only available after the interview? If so - I’m wondering if she shouldn’t just do the interview and see if it’s brought up as an inadmissibility, and only then spend the money on an attorney? Conversely, what would a lawyer be able to do practically in advance of the interview, if a waiver is not available in advance?

Yes. She must be eligible for the visa itself before they will determine any inadmissibilities.

Interviewing first is one option, although I would expect questions about the event to arise during the interview and being prepared beforehand is not a bad idea either.

 

As for what can be done, I'm unsure. That's what the attorney would be for. If a smuggling finding is made, they may be able to plead that either it was not willful or that is was not alien smuggling itself but only transportation. I admit both seem pretty unlikely, but I don't have the details of the event to know if there are any feasible arguments that one could make as to why INA 212(a)(6)E) does not apply.