i-601 question for mother visa refusal

[tlight0 2]

I have a question regarding i-601. Have a family member who is a US citizen that petition for their Mom to come to the US (IR5).

She passed the interview and was told to come back for her visa, but when she went to pick up the visa she was given a refusal worksheet, where Section 212(a)6(E) was checked, and was told to filed for a waiver. 

Question here is can the child file i-601 for the mom, or what can she do in this case? The refusal paper didn't really specify anything other than they are eligible for waiver.

[Timona 4,207]

She was a smuggler? I see no GC for her. 

[tlight0 2]

From what I understand, they say she was denied because she help her son get a student visa who end up overstaying but happens to married a US citizen(also got his overstayed issue waiver).

On the refusal form it said that she's eligible for a waiver, but is it like impossible since its consider smuggler?

[Allaboutwaiting 2,503]

4 minutes ago, tlight0 said:

From what I understand, they say she was denied because she help her son get a student visa who end up overstaying but happens to married a US citizen(also got his overstayed issue waiver).

On the refusal form it said that she's eligible for a waiver, but is it like impossible since its consider smuggler?

On a quick Google search you can actually see that she can apply for a waiver - they would not state she is eligible for a waiver if she wasn't-.

[tlight0 2]

2 minutes ago, Allaboutwaiting said:

On a quick Google search you can actually see that she can apply for a waiver - they would not state she is eligible for a waiver if she wasn't-.

That's what I thought as well. My question is can she use her Son who is a US citizen as a Qualifying Relative for i-601 form?

[Allaboutwaiting 2,503]

1 minute ago, tlight0 said:

That's what I thought as well. My question is can she use her Son who is a US citizen as a Qualifying Relative for i-601 form?

If he is the petitioner, yes, he is the qualifying relative.

[tlight0 2]

7 minutes ago, Allaboutwaiting said:

If he is the petitioner, yes, he is the qualifying relative.

Ah, gotcha yes he is the petitioner. Thanks for the info. One last question, since she's the one who needs to file for the i-601, does she have to file it with the country embassy or can he file it for her in the state?

[Ra2023 11]

A waiver also exists for the alien smuggling ground of deportation. In order to qualify for the waiver, the LPR must have smuggled only his or her parent, spouse, son or daughter (and no other individual), and that person must have had that family status at the time the smuggling occurred.

[Allaboutwaiting 2,503]

3 minutes ago, tlight0 said:

Ah, gotcha yes he is the petitioner. Thanks for the info. One last question, since she's the one who needs to file for the i-601, does she have to file it with the country embassy or can he file it for her in the state?

https://www.uscis.gov/i-601-addresses

[Boiler 45,441]

A child is not a qualifying relative. Spouse or Parent would be.

 

 

[SalishSea 17,800]

3 hours ago, tlight0 said:

That's what I thought as well. My question is can she use her Son who is a US citizen as a Qualifying Relative for i-601 form?

Nope.

3 hours ago, Allaboutwaiting said:

If he is the petitioner, yes, he is the qualifying relative.

Son is not a qualifying relative.

[Allaboutwaiting 2,503]

2 hours ago, Boiler said:

A child is not a qualifying relative. Spouse or Parent would be.

 

 

 

1 hour ago, Jorgedig said:

Nope.

Son is not a qualifying relative.

 

[Crazy Cat 41,804]

9 hours ago, tlight0 said:

Question here is can the child file i-601 for the mom,

No.  A child is not a qualifying relative.

[Allaboutwaiting 2,503]

4 hours ago, Crazy Cat said:

No.  A child is not a qualifying relative.

That is for other inadmissibilities such as unlawful presence. 

[SteveInBostonI130 3,432]

15 minutes ago, Allaboutwaiting said:

That is for other inadmissibilities such as unlawful presence. 

So, the child is a qualifying relative to file the I-601 for the mom?