Will I-601 help my brother's case?

[JPRoadRunner 0]

My brother had overstayed his visitor visa (on an Iranian passport) by less than a month in 1995, he left the USA within a month of expiration of his visa.

Since he grew up in Germany and continued living there he got his German Passport soon thereafter around 2000. 

He tried to enter the states in 2007 with a German passport (before ESTA went in affect) using VWP. But on the entry form he failed to mention that he had previously visited the states (or that he had overstayed his visa). He was denied entry for this reason.

Around that time, i applied for his Green Card by submitting an I-130 on his behalf in the F4 category. Finally after 17 years he had his interview at which time he was told that he is inadmissible due to Section 212(a)(6)(C)(i). 

The interviewer handed him the attached document which aside from the rejection clause also states that he is eligible for waiver of the grounds of eligibility. 

 

I have perused this bulletin board and also the "Application of Waiver of grounds for inadmissibility (form I-601)" and it clearly states that one can only apply for a waiver if the applicant is a spouse, parent, son or daughter of the US Citizen. Wonder why the interviewer told him (and gave him a document) stating he is eligible to apply for the waiver? 

 

IS it is just a waste of time and money? My brother is married with a family and has a good life in Germany but we were hoping he could join me in the USA (not to mention he truly loves the states) 

 

 

 

 

[milimelo 4,522]

You're not a qualifying relative as clearly listed above. 

[Boiler 45,784]

They do not know who he may have who is a Qualifying Relative.

[SalishSea 17,987]

He’s not eligible for a waiver.

[davidvs 354]

He is eligible for the waiver. The problem is that he has no qualified relative that is able to file the waiver on his behalf.

[Demise 1,306]

Is either of your parents still alive? If so you could petition for a parent and later your brother could use the now LPR parent for the I-601. 

 

Sponsor and qualifying relative can be two different people.

[JPRoadRunner 0]

8 hours ago, Demise said:

Is either of your parents still alive? If so you could petition for a parent and later your brother could use the now LPR parent for the I-601. 

 

Sponsor and qualifying relative can be two different people.

Unfortunately no. My sister did get her green card and now lives in the states with me but my brother will never be able to relocate to the states due a 1 week overstay 30 years ago. In this case the penalty does not commiserate with the original oversight IMO. Not just that but he can’t even visit!

[nastra30 2,309]

18 minutes ago, JPRoadRunner said:

Unfortunately no. My sister did get her green card and now lives in the states with me but my brother will never be able to relocate to the states due a 1 week overstay 30 years ago. In this case the penalty does not commiserate with the original oversight IMO. Not just that but he can’t even visit!

I don't think it's the 1 week overstay. He would have served his ban long time ago. It's the misrepresentation on subsequent forms/applications that's the issue.

[Boiler 45,784]

His problem is the misrep not the overstay

[appleblossom 2,835]

53 minutes ago, nastra30 said:

I don't think it's the 1 week overstay. He would have served his ban long time ago. 

 

He wouldn't even have got a ban with such a short overstay would he? As you said it's the misrep that has scuppered his chances.