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Filed: Other Country: Philippines
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Posted (edited)

Hi Everyone! sorry if i already ask a similar question but i was less informed about the whole topic then.

I am USC and in the process of writing a Rough Draft for a I-601 Waiver for my mother. She came to the US under an assumed name and has overstayed her time here. We have a lawyer that is working on her case and things are moving along well. To get it out of the way, some people might say i am not eligible because i am her child, but my grandmother (my moms mother) is a USC & my grandfather is a permenant resident. All my family has migrated here and we have no more family back in the Philippines. But what i really just need is some advice and help on the hardships that i would face. I'm kind of in stuck mode right now and dont know where to start. But here is some info..

My Grandparents both have Health issues , my Grandma has depression & My Grandfather was diagnosed with Prostate Cancer. My mother is the one of two children that lives closest to my grandparents. My aunt being the closest but she also suffers from depression and other health conditions and cannot take care of them to the her fullest capabilities. My mother takes my grandparents to and from doctors appointments , helps them with there medication and so forth. ---- would it be ok to say i would have to take on these responsibilities if my mom was to be deported?

I have a family of my own also, My mother also supports me greatly with taking care of my two year old daughter.

I also have a younger brother who is still in school & plans on joining the US Airforce.

i feel like i have some good points but cant really think of Strong hardships that I solely would face. I know my daughter & i would miss her immensely but i know thats not enough.. I dont have any health issues or anything like that. PLEASE HELP ME!!! :(

Edited by mrs_yslha
Filed: K-1 Visa Country: Wales
Timeline
Posted

It seems the focus should be the hardships suffered by your Grandparents, should be written from their perspective.

What does your lawyer say?

“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.”

Filed: Country:
Timeline
Posted
She came to the US under an assumed name and has overstayed her time here.

What do you mean by the above quote?

If she entered on a passport & visa in someone else's name then she Entered Without Inspection and isn't eligible to Adjust Status as she has no status to adjust from.

Filed: K-1 Visa Country: Wales
Timeline
Posted

Not quite right, she was inspected, she has the waiver due to the fraud.

“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.”

Filed: Country:
Timeline
Posted
Not quite right, she was inspected, she has the waiver due to the fraud.

If that is the case then she committed Material Misrepresentation at POE...

FWIW, I dated a woman from China who arrived in the US on a Passport/Visa that was not her's. The only way she was able to get legal in the US was filing for Asylum. Her Lawyer made it clear that her entry was illegal and if the Asylum was denied then she would be banned from US entry for life. He also made it clear that she had no legal status in the US to adjust from if she married a US Citizen.

Is that information incorrect?

Filed: K-1 Visa Country: Wales
Timeline
Posted

I notice a lot of banned for life comments on this board. The only one I am aware of relates to claiming to be a USC. And then only in specific circumstances.

It seems in country waivers are harder to get.

“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.”

Filed: Country:
Timeline
Posted
I notice a lot of banned for life comments on this board. The only one I am aware of relates to claiming to be a USC. And then only in specific circumstances.

It seems in country waivers are harder to get.

After doing a little research it seems that the difference is that the lifetime inadmissibility can be waived for a Spouse or child of a USC whereas the false claim to USC cannot.

Filed: IR-1/CR-1 Visa Country: Belarus
Timeline
Posted

After doing a little research it seems that the difference is that the lifetime inadmissibility can be waived for a Spouse or child of a USC whereas the false claim to USC cannot.

If you are working with an attorney you should defer to that persons advice. That said, I think its confusing what you have posted. Who is the qualifying relative/s in this case?

Also if the person used a US Passport that belonged to someone else, does that by inference equate to a false claim?

Filed: Citizen (apr) Country: Nigeria
Timeline
Posted

If you are working with an attorney you should defer to that persons advice. That said, I think its confusing what you have posted. Who is the qualifying relative/s in this case?

Also if the person used a US Passport that belonged to someone else, does that by inference equate to a false claim?

Using a US passport as your own is making the claim you are a citizen because you are claiming to be the USC who's passport that is.

This will not be over quickly. You will not enjoy this.

Filed: K-1 Visa Country: Wales
Timeline
Posted

No mention of a US passport.

He stated who the qualifying relatives are.

“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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