Can Alien smuggling apply for i601 waiver

[Timona 4,207]

So you were not a resident nor a citizen but held your son back to get US medical? How were you gonna afford this??? 

 

I was F-1 and was surely broke as hell. Hell, even USC can't afford health care. 

 

You still didn't answer my question: why didn't you go to Nigeria and come with him? When he came, were you:

 

1. Out of status? 

2. Planning to marry a USC?

 

How did your mom get GC? Did she come on B-2 and AOSed?

 

Unfortunately, your dad is done. 

 

Your dad's goose is cooked. 

This shall not pass the smell test. 

 

I'm gonna Mike-E at this point

24 minutes ago, Boiler said:

Why did you not apply for a F2?

 

Probably out of status

[Rocio0010 5,579]

1 minute ago, Timona said:

So you were not a resident nor a citizen but held your son back to get US medical? How were you gonna afford this??? 

 

I was F-1 and was surely broke as hell. Hell, even USC can't afford health care. 

 

You still didn't answer my question: why didn't you go to Nigeria and come with him? When he came, were you:

 

1. Out of status? 

2. Planning to marry a USC?

 

How did your mom get GC? Did she come on B-2 and AOSed?

 

Unfortunately, your dad is done. 

 

Your dad's goose is cooked. 

This shall not pass the smell test. 

 

I'm gonna Mike-E at this point

 

Probably out of status

Same. I was on an F1 and very broke. I couldn’t have afforded long- term medical care here…

[IAm 0]

6 minutes ago, Timona said:

So you were not a resident nor a citizen but held your son back to get US medical? How were you gonna afford this??? 

 

I was F-1 and was surely broke as hell. Hell, even USC can't afford health care. 

 

You still didn't answer my question: why didn't you go to Nigeria and come with him? When he came, were you:

 

1. Out of status? 

2. Planning to marry a USC?

 

How did your mom get GC? Did she come on B-2 and AOSed?

 

Unfortunately, your dad is done. 

 

Your dad's goose is cooked. 

This shall not pass the smell test. 

 

I'm gonna Mike-E at this point

 

Probably out of status

I came to US in 2014 as a student. I was never out of status. I applied for OPT in 2016 so I got a good paying job. I had health insurance through my employer in 2016.

Also I got married in 2017 to a USC and he filed an adjustment green card for me and my son. 

Yes , I filed i130 for my mom. She came to the USa last year with a b2 visa and she found out she had stage 3 breast cancer and so I had to adjust her status so she can stay.

Edited June 15, 2023 by Mamaz

[Boiler 45,486]

So why did you not bring him on a F2?

[Verrou 1,962]

9 minutes ago, Boiler said:

There would be a waiver for Misrep.

Can OP file it if USCIS didn’t request for waiver to be file ? 

[Boiler 45,486]

2 minutes ago, Misscloud said:

Can OP file it if USCIS didn’t request for waiver to be file ? 

Misrep is no doubt an issue but not the main issue.

[IAm 0]

11 minutes ago, Boiler said:

So why did you not bring him on a 

Well, I didn't think of that. I was already done with my degree. My dad actually came with my son and my siblings. They all went to the interview at the same time. They came for my graduation in 2016. The plan was never to keep him in the US. All my siblings and my dad left the US 2 weeks after my graduation, and they left my son.

The problem is that my dad told them at the embassy that my son and my siblings were all his kids.

 

The Ds-160 also state my dad as my son dad under parents name. My sister filed the form on my dad behalf so she just did same thing on each application.

His birth certificate only has my name so on his green card and USc application, I only listed myself as his only parent. He has no dad. I was quite young so my dad took him and raised him for day 1. 

Edited June 15, 2023 by Mamaz

[Rocio0010 5,579]

9 minutes ago, Mamaz said:

I came to US in 2014 as a student. I was never out of status. I applied for OPT in 2016 so I got a good paying job. I had health insurance through my employer in 2016.

Also I got married in 2017 to a USC and he filed an adjustment green card for me and my son. 

Yes , I filed i130 for my mom. She came to the USa last year with a b2 visa and she found out she had stage 3 breast cancer and so I had to adjust her status so she can stay.

What was said in the DS-160?

[Boiler 45,486]

1 minute ago, Rocio0010 said:

What was said in the DS-160?

The Grandfather was the Father.

[Rocio0010 5,579]

So now your son is a USC. What name did he list on the father section of the N400? Or even the green card?

 

What was said about a paternal figure in the DS-160?

Just now, Boiler said:

The Grandfather was the Father.

Oh ok. I just thought that it was said during the interview but maybe there was a mismatch with the DS—160

[Rocio0010 5,579]

Am I looking too much into it?

 

1) I’m assuming your dad is listed as his dad in the DS-160, right?

 

2) your son is now a USC. In the application it asks questions about the family. Who did he appoint as the dad here?

 

3) what about your mom’s GC application? Did she include him as one of her children ?

[Timona 4,207]

14 minutes ago, Mamaz said:

I came to US in 2014 as a student. I was never out of status. I applied for OPT in 2016 so I got a good paying job. I had health insurance through my employer in 2016.

Also I got married in 2017 to a USC and he filed an adjustment green card for me and my son. 

Yes , I filed i130 for my mom. She came to the USa last year with a b2 visa and she found out she had stage 3 breast cancer and so I had to adjust her status so she can stay.

 

So your OPT health insurance was gonna cover him, yet he had no legal stay in US? I'm sure your HR would have objected this.

 

Yap. Your son stayed so that he could adjust with you when you married so you kill 2 birds with same stone and hence he doesn't have to interview in Nigeria. It's pretty evident. Well planned. There's no OPT2 for your son. He stayed on purpose. Anyway, that's gone anyway. 

 

Same story with your mom. 

 

As I said, your dad's goose is cooked. 

 

I'm out.

4 minutes ago, Rocio0010 said:

Am I looking too much into it?

 

1) I’m assuming your dad is listed as his dad in the DS-160, right?

 

2) your son is now a USC. In the application it asks questions about the family. Who did he appoint as the dad here?

 

3) what about your mom’s GC application? Did she include him as one of her children ?

 

Too many webs here because of some ingenuity.

 

I'm out. 

[Family 3,988]

There is no I-601 Waiver available for alien smugglers. Your father cannot immigrate. 
The only exception is for those who smuggle in a spouse / parent or child.. 

 

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

 

 

[Family 3,988]

38 minutes ago, Misscloud said:

48 minutes ago, Boiler said:

There would be a waiver for Misrep.

Can OP file it if USCIS didn’t request for waiver to be file ? 

No . OP cannot file a I-601 without the Consulate Refusal Letter and specific findings of inadmissibility. In this case , the Consulate know the father cannot  overcome alien smuggling  charge ( since child adjusted in the US)..and it simply did not add other inadmissibility grounds such as fraud/ misrepresentation.

I am truly sympathetic to your moms cancer struggle….stay strong, it is on your shoulders.

[Boiler 45,486]

49 minutes ago, Boiler said:

Misrep is no doubt an issue but not the main issue.

 

1 minute ago, Family said:

No . OP cannot file a I-601 without the Consulate Refusal Letter and specific findings of inadmissibility. In this case , the Consulate know the father cannot  overcome alien smuggling  charge ( since child adjusted in the US)..and it simply did not add other inadmissibility grounds such as fraud/ misrepresentation.

Asked and answered.