Can Alien smuggling apply for i601 waiver

[IAm 0]

I am a US citizen, and I filed a petition for a green card for my dad under the parents of a US citizen category. Today, he was denied a visa at the Nigerian embassy for smuggling an alien to the USA in 2016.

So back in 2016, my dad went with my son to the embassy for a visit visa, and he told them he was his son. The truth is, my dad raised my son, and culturally, he will always say he's my son's dad. So now, when my dad came to the USA in 2016, he spent 3 weeks here in the USA and went back to Nigeria alone, leaving my son in the USA with me. My son has since adjusted and become a US citizen.

Now my mom is in the USA and a permanent resident, but she is suffering from stage 4 breast cancer, and my dad has to come to the USA asap, but his visa has been denied by the embassy today, and he is said to have smuggled my son into the US. The visa officer said he's not admissible under 212(a)(6)(E), and he also doesn't qualify for a waiver. Is this true?

What is the way forward?

Can we apply for an i601 waiver?

Can we also apply for humanitarian parole?

Any advise? 

[AJ2019 58]

47 minutes ago, Mamaz said:

I am a US citizen, and I filed a petition for a green card for my dad under the parents of a US citizen category. Today, he was denied a visa at the Nigerian embassy for smuggling an alien to the USA in 2016.

So back in 2016, my dad went with my son to the embassy for a visit visa, and he told them he was his son. The truth is, my dad raised my son, and culturally, he will always say he's my son's dad. So now, when my dad came to the USA in 2016, he spent 3 weeks here in the USA and went back to Nigeria alone, leaving my son in the USA with me. My son has since adjusted and become a US citizen.

Now my mom is in the USA and a permanent resident, but she is suffering from stage 4 breast cancer, and my dad has to come to the USA asap, but his visa has been denied by the embassy today, and he is said to have smuggled my son into the US. The visa officer said he's not admissible under 212(a)(6)(E), and he also doesn't qualify for a waiver. Is this true?

What is the way forward?

Can we apply for an i601 waiver?

Can we also apply for humanitarian parole?

Any advise? 

Which visa was denied? 

[IAm 0]

12 minutes ago, AJ2019 said:

Which visa was denied? 

The ir5 visa at the embassy

[Boiler 45,733]

3 minutes ago, Mamaz said:

The ir5 visa at the embassy

He would need a Qualifying Relative to apply for a I 601 - Spouse or Parent

Edited June 15, 2023 by Boiler

[Boiler 45,733]

This is the Grandfather? Sorry Human Smuggling is limited to who can file for a waiver, the person can apply for a waiver if the individual they helped bring to the United States was his spouse, parent, son, or daughter at the time of entry.

 

So he is not coming, a waiver would take a couple of years anyway.

[Rocio0010 5,580]

So, he smuggled your son with the full intention that your son stayed and adjusted? If it’s like that, then it might be smuggling and misrepresentation.

Sorry about your mother’s situation. 
I think you can try the waiver -but it’s going to be lengthy and not guaranteed 

[Boiler 45,733]

Just now, Rocio0010 said:

So, he smuggled your son with the full intention that your son stayed and adjusted? If it’s like that, then it might be smuggling and misrepresentation.

Sorry about your mother’s situation. 
I think you can try the waiver -but it’s going to be lengthy and not guaranteed 

OP literally described the smuggling.

 

There is no waiver available for this sort of Smuggling.

[Rocio0010 5,580]

Just now, Boiler said:

OP literally described the smuggling.

 

There is no waiver available for this sort of Smuggling.

Shhh I know, I was just hoping I misinterpreted something.

 

I also assume there was a DS-160 filed, so it’d be interesting to see what he wrote in there. 

[Boiler 45,733]

Not the first time I have seen this, and the Consulate have reviewed the case and made their determination.

 

I suppose he could apply for a B but the Consulate assuming they would even consider this would still need to recommend a waiver.

[Timona 4,208]

Nothing "cultural" about your son calling his grandfather dad. 

Tough but you may have to consider family reunification the other way. 

 

Why didn't you go bring your son yourself in 2016? 

[IAm 0]

13 minutes ago, Timona said:

Nothing "cultural" about your son calling his grandfather dad. 

Tough but you may have to consider family reunification the other way. 

 

Why didn't you go bring your son yourself in 2016? 

I have been in the US since 2014 on a student visa. My dad and my son came to visit in 2016 for the first time. The plan wasn't for my son to stay back. He got sick when they visited because he had sickle cell disease, so I decided he needed to stay to get good medical care. I wasn't even a resident or citizen at that time so they was no immigration intent.

Also note that my son doesn't have a dad. I am the only one on his birth certificate. My dad helped raise him. I had him very young.

Edited June 15, 2023 by Mamaz
Error

[Boiler 45,733]

1 minute ago, Mamaz said:

I have been in the US since 2014 on a student visa. My dad and my son came to visit in 2016 for the first time. The plan wasn't for my son to stay back. He got sick when they visited because he had sickle cell disease, so I decided he needed to stay to get good medical care.

Also note that my son doesn't have a dad. I am the only one on his birth certificate. My dad helped raise him. I had him very young.

Why did you not apply for a F2?

[Rocio0010 5,580]

11 minutes ago, Mamaz said:

Also note that my son doesn't have a dad. I am the only one on his birth certificate. My dad helped raise him. I had him very young

Does this match what was said in your son’s and dad’s DS-160?

Edited June 15, 2023 by Rocio0010

[Verrou 1,962]

OP, if ur father was listed as ur son’s father on DS-160 that is misrepresentation.
 

AFAIK, you can only file for waiver IF USCIS request for it.you cant just file it. Seems gonna be long fight. Now how bout ur mother fly back to her home country? Is she able to fly under her condition? That’s the fastest way to reunite with ur father 

[Boiler 45,733]

Just now, Misscloud said:

OP, if ur father was listed as ur son’s father on DS-160 that is misrepresentation.
 

AFAIK, you can only file for waiver IF USCIS request for it.you cant just file it. Seems gonna be long fight. Now how bout ur mother fly back to her home country? Is she able to fly under her condition? That’s the fastest way to reunite with ur father 

There would be a waiver for Misrep.