Waiver approved but still can be denied?

[PaVaz 1]

My mother in law has been caring for her ill US citizen father.  She entered in 2001 and was fingerprinted at the border, then crossed again a few weeks later and stayed.  Recently her hardship waiver for unlawful presence was approved but her lawyer now says her visa can be denied for 2 entries in the US.  Does she not have a chance even though she has a waiver?

[Lemonslice 4,832]

17 minutes ago, PaVaz said:

My mother in law has been caring for her ill US citizen father.  She entered in 2001 and was fingerprinted at the border, then crossed again a few weeks later and stayed.  Recently her hardship waiver for unlawful presence was approved but her lawyer now says her visa can be denied for 2 entries in the US.  Does she not have a chance even though she has a waiver?

How did she enter the second time - "then crossed again a few weeks later and stayed."

[Family 3,988]

10 minutes ago, PaVaz said:

My mother in law has been caring for her ill US citizen father.  She entered in 2001 and was fingerprinted at the border, then crossed again a few weeks later and stayed.  Recently her hardship waiver for unlawful presence was approved but her lawyer now says her visa can be denied for 2 entries in the US.  Does she not have a chance even though she has a waiver?

If the first contact and border encounter was just an attempted entry then it’s a “voluntary return” . Usually she would have been detained a few hours , fingerprinted sent back to Mexico . Many tried multiple time and got caight often before ultimately getting in EWI.
 

Attorney would have screened for multiple entries ( hopefully wCBP FOIA) before the hefty Waiver I-601 A legal fee….right? 

[Boiler 45,451]

If she is 9C she needs to stay out for 10 years and the file an I 212.

[Family 3,988]

45 minutes ago, Boiler said:

If she is 9C she needs to stay out for 10 years and the file an I 212.

If prior contacts at border resulted in VR / caught , printed and sent back there is no issue, She has only one entry. 
I can see atty cautioning for any number of other pitfalls…but no one would waste $$ on I-601 A with a 9 C history..on the books, so to speak. 
‘

[Boiler 45,451]

1 minute ago, Family said:

If prior contacts at border resulted in VR / caught , printed and sent back there is no issue, She has only one entry. 
I can see atty cautioning for any number of other pitfalls…but no one would waste $$ on I-601 A with a 9 C history..on the books, so to speak. 
‘

Logically maybe.

[PaVaz 1]

Thank you for your input.  She was only caught once but did enter a second time and stayed 23 years.  She has a waiver for the second entry and stay.  Her attorney thinks she brought her children but she did not.  Most of them were in the US and the 3 smaller ones were left with grandparents.  We don't know how to prove she entered alone though.

[jan22 3,049]

Did she have a visa for her entries?  Was she admitted to the US at the first entry when she was fingerprinted?  The answers to these questions are needed before it can be determined if there may be a problem or not.

[Boiler 45,451]

Just now, PaVaz said:

Thank you for your input.  She was only caught once but did enter a second time and stayed 23 years.  She has a waiver for the second entry and stay.  Her attorney thinks she brought her children but she did not.  Most of them were in the US and the 3 smaller ones were left with grandparents.  We don't know how to prove she entered alone though.

I 601a waives illegal presence. Only.

 

Human smuggling is another issue, parent can be eligible for I 601

[PaVaz 1]

She was illegally at the border and was fingerprinted and released at the point of entry.  She did return and stay.  Her children were not with her but because her children are in the US now the official might think she brought them.  I assumed that since her waiver was approved that her entries are not a problem now.

She did not enter with a visa.

[PaVaz 1]

She just crossed the border again but did not get caught.  Her 601 waiver was approved.  

[Boiler 45,451]

6 minutes ago, PaVaz said:

She was illegally at the border and was fingerprinted and released at the point of entry.  She did return and stay.  Her children were not with her but because her children are in the US now the official might think she brought them.  I assumed that since her waiver was approved that her entries are not a problem now.

She did not enter with a visa.

As mentioned above I 1 601 a waives illegal presence.

[PaVaz 1]

I just read that her being caught at the border is attempted entry.  I wonder why her attorney I so worried about it?  I know she needs to convince the oficial that she didn't bring her children.  My husband will be interpreting for her since she only speaks a dialect.  He is her petioner too.

[Boiler 45,451]

3 minutes ago, PaVaz said:

I just read that her being caught at the border is attempted entry.  I wonder why her attorney I so worried about it?  I know she needs to convince the oficial that she didn't bring her children.  My husband will be interpreting for her since she only speaks a dialect.  He is her petioner too.

Human Smuggling

9C

 

Who was the qualifying relative?

[jan22 3,049]

31 minutes ago, jan22 said:

Did she have a visa for her entries?  Was she admitted to the US at the first entry when she was fingerprinted?  The answers to these questions are needed before it can be determined if there may be a problem or not.

Based on your previous posts — which were posted as I was posting this — I am going to assume she was removed after being fingerprinted on the first entry and there was no visa for either entry.  If that is not correct, the following probably doesn’t apply!

 

As Boiler indicated, the I-601a waiver is for the 23-year overstay only.  If she has any other ineligibilities, she would be found ineligible at the visa interview and need to apply for a waiver.  Alien smuggling could be one that would result in a visa denial and require a waiver.  (BTW, it would also then require another waiver of the overstay, since it was good only if there were no other ineligibilities).  
 

More serious, however, is that she may also be ineligible under INA 212(A)(9)(C), which applies to someone who has been removed from the US and who the enters (or attempts to enter) again without being admitted or without inspection.  It isn’t clear exactly what happened at the time of the first entry, so there’s no way to know for sure whether it would apply to her or not without additional information.  While there is a waiver for the 9C ineligibility, it can only be applied for after the individual has been out of the US for 10 years and submits an I-212 seeking permission to reapply for admission to the US.  It would the still require the waiver for other ineligibilities (if there is a finding if alien smuggling, for example).

Edited May 11 by jan22