Can Alien smuggling apply for i601 waiver

[Cathi 5,747]

So your mom came with a b2 and also just so happened to have a serious health issue and adjusted status, as well? And how can you afford her health insurance because she certainly cannot get it from you? 

Way too many falsehoods. There is no way your father will ever set foot here again, the only way for them to reunite is for her to go home to him.

[JeanneAdil 6,492]

11 hours ago, Misscloud said:

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

Form reading 

No ,  the child smuggled was not spouse, parent,  son or daughter

 

Section 212(a)(6)(E)(i) of the Act. Section 212(a)(6)(E)(iii) of the Act provides for a discretionary waiver of this ground of inadmissibility for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest, but only if the individual whom the foreign national encouraged, induced, assisted, abetted, or aided in entering the United States in violation of law was the foreign national's spouse, parent, son, or daughter (and no other individual) at the time of the offense. Section 212(d)(l l) of the Act.

 

https://www.uscis.gov/sites/default/files/err/H5 - Waiver of Inadmissibility - Misrepresentation - 212 (i)/Decisions_Issued_i

Edited June 15, 2023 by JeanneAdil

[SalishSea 17,819]

17 hours ago, Mamaz said:

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. 

You’re now seeing the consequences of a very bad choice.   I’m sorry about your mom’s cancer, but a bar to travel is totally appropriate.  That poor choice also just goes to reinforce stereotypes about people from your country, which makes it harder for your fellow Nigerians to get US visas.

[African Zealot 1,455]

17 hours ago, Timona said:

 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?

 

What really is the point of these questions? Does whatever answer he provides affect whatever recommendations we’re going to give him? OP and his father committed immigration fraud and is paying the price harshly. No need to drag him by asking questions that rub in his past deception. Just my $0.02, I am not violating TOS because I haven’t implied you shouldn’t comment. 😂

 

OP, four years ago we purchased a plane ticket for Mr. Amuzu, a man from my original country to return home after his cancer became terminal. He came here on a humanitarian visa to bury his son and overstayed for years. Sometimes one wants to be back home when things get to this stage.

 

I judge no man however I honestly don’t see your father getting here soon or indeed ever. Fortunately these days we have FaceTime and WhatsApp et al to connect with our loved ones despite the distance. My advice would be to stop expending time, effort, energy and cost on what will ultimately most likely be a futile expedition but then I understand not everyone is a practitioner of Stoicism and embraces fate.

 

I wish you and your mother and family the very best.

 

🙏🏾

[M+K IL 102]

18 hours 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. 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.

 

5 minutes ago, African Zealot said:

What really is the point of these questions? Does whatever answer he provides affect whatever recommendations we’re going to give him? OP and his father committed immigration fraud and is paying the price harshly. No need to drag him by asking questions that rub in his past deception. Just my $0.02, I am not violating TOS because I haven’t implied you shouldn’t comment. 😂

 

OP, four years ago we purchased a plane ticket for Mr. Amuzu, a man from my original country to return home after his cancer became terminal. He came here on a humanitarian visa to bury his son and overstayed for years. Sometimes one wants to be back home when things get to this stage.

 

I judge no man however I honestly don’t see your father getting here soon or indeed ever. Fortunately these days we have FaceTime and WhatsApp et al to connect with our loved ones despite the distance. My advice would be to stop expending time, effort, energy and cost on what will ultimately most likely be a futile expedition but then I understand not everyone is a practitioner of Stoicism and embraces fate.

 

I wish you and your mother and family the very best.

 

🙏🏾

OP is a she, by the way (trying to keep the facts straight as this is getting quite long)

Agreed that the best case here is probably for OP's mom to fly back to spend some time with her dad.