Waiver approved but still can be denied?

[Boiler 43,749]

4 minutes ago, jan22 said:

Based on your previous posts — which were posted as I was posting this — I am going to assume she was removed after being fingerprinted on the first entry and there was no visa for either entry.  If that is not correct, the following probably doesn’t apply!

 

As Boiler indicated, the I-601a waiver is for the 23-year overstay only.  If she has any other ineligibilities, she would be found ineligible at the visa interview and need to apply for a waiver.  Alien smuggling could be one that would result in a visa denial and require a waiver.  (BTW, it would also then require another waiver of the overstay, since it was good if there were no other ineligibilities).  
 

More serious, however, is that she may also be ineligible under INA 212(A)(9)(C), which applies to someone who has been removed from the US and who the enters (or attempts to enter) again without being admitted or without inspection.  It isn’t clear exactly what happened at the time of the first entry, so there’s no way to know for sure whether it would apply to her or not without additional information.  While there is a waiver for the 9C ineligibility, it can only be applied for after the individual has been out of the US for 10 years.

I am not sure it matters but yes the I 601a will go away f there is another inadmissibility.

[PaVaz 1]

Would notarized statements from her children stating they did not cross with her help?  The waiver is through her US citizen father but my husband applied for her visa.  She didn't smuggle or help her children enter the US.

[Boiler 43,749]

2 minutes ago, PaVaz said:

Would notarized statements from her children stating they did not cross with her help?  The waiver is through her US citizen father but my husband applied for her visa.  She didn't smuggle or help her children enter the US.

How old were they

 

How did they enter

[Family 3,553]

I am basing my response on her one entry being EWI /entry without inspection . ..but others have asked you to confirm , kindly do so. 
 

If she is CDJ/MX and any of her children EWI d ( before or after her)…then she will get the smuggling Inadmissibility . 
If from other South America countries…not so much risk.

 

They void the I-601 A and she would wait in MX while a new I-601 is filed .

 

 

Edited May 11 by Family

[Family 3,553]

34 minutes ago, PaVaz said:

I just read that her being caught at the border is attempted entry.  I wonder why her attorney I so worried about it?  I know she needs to convince the oficial that she didn't bring her children.  My husband will be interpreting for her since she only speaks a dialect.  He is her petioner too.

What happened at the border contacts and how CBP treated it can be found on the CBP FOIA . 
‘You can update a copy ( black out name and info )

 

Can you please clarify WHERE she is doing her interview ? I assumed consular process and I-601 A…are we on same page ?

[SalishSea 16,903]

19 hours ago, PaVaz said:

She was illegally at the border and was fingerprinted and released at the point of entry.  She did return and stay.  Her children were not with her but because her children are in the US now the official might think she brought them.  I assumed that since her waiver was approved that her entries are not a problem now.

She did not enter with a visa.

If she didn’t bring them, how did they get to the U.S.?

[PaVaz 1]

Her older children left on their own because her husband was in the US.  She left her younger children with her mother which is not uncommon in her village.  I believe it was her mom or sister who was behind someone bringing the younger ones in the US but she did not plan that.  She was content to leave them in her mother's care.  Sorry I didn't reply sooner to posts but I only am allowed just a few posts on here.   

[PaVaz 1]

Her interview is at Cuidad Juarez.  She was able to get her 601 waiver while in the US before her interview.  My mother in law is 70 years old which I don't know makes a difference...she has 9 children...all grown up. 

[Boiler 43,749]

How old were the younger children when they were smuggled in?

[PaVaz 1]

I am not sure of the ages...perhaps 6 to 14?  Her interview is in Cuidad Juárez. Any suggestions on how she can prove she didn't bring them?  She was alone.  

[Boiler 43,749]

Do you know who did smuggle them in?

[PaVaz 1]

No, but I am sure her husband knew about it.  My husband is going to speak his his father about it because his mom knows nothing.  The older ones made their own journey.  

[SalishSea 16,903]

On 5/13/2024 at 3:50 PM, PaVaz said:

I am not sure of the ages...perhaps 6 to 14?  Her interview is in Cuidad Juárez. Any suggestions on how she can prove she didn't bring them?  She was alone.  

Doubt very much the consular officer will believe that……

[PaVaz 1]

We will try to cancel the appointment.  If the consulate doesn't believe the truth, she will be an old woman alone in a very different Mexico than 23 years ago.

[Boiler 43,749]

Did you find out what happened?