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?