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Results 1 to 5 of 5

Thread: Waiver availability?

  1. #1
    Is any waiver available for attempted smuggling inadmissibility ?

  2. #2
    Is any waiver available for attempted smuggling inadmissibility ?

  3. #3
    I am not a lawyer nor do I claim to be one so please double-check any information given by me, or anyone else for that matter, with a certified (immigration)lawyer before you take any further steps.

  4. #4
    Hi. Yes a waiver is authorized (and it is probably the I-601). Here is the exact section of the Immigration and Nationality Act (INA) from 1996. INA 212(a)(6)(E)

    I hope this helps a little.

    (E) Smugglers.-

    (i) In general.-Any alien who at any time knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law is inadmissible.

    (ii) Special rule in the case of family reunification.-Clause (i) shall not apply in the case of alien who is an eligible immigrant (as defined in section 301(b)(1) of the Immigration Act of 1990), was physically present in the United States on May 5, 1988, and is seeking admission as an immediate relative or under section 203(a)(2) (including under section 112 of the Immigration Act of 1990) or benefits under section 301(a) of the Immigration Act of 1990 if the alien, before May 5, 1988, has encouraged, induced, assisted, abetted, or aided only the alien's spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.

    (iii) Waiver authorized.-For provision authorizing waiver of clause (i), see subsection (d)(11).

    www.immigrate2us.net

  5. #5
    This is what (d)(11) says
    (11) The Attorney General may, in his discretion for humanitarian purposes,
    to assure family unity, or when it is otherwise in the public interest,
    waive application of clause (i) of subsection (a)(6)(E) in the case of any alien
    lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily
    and not under an order of removal, and who is otherwise admissible to the United States
    as a returning resident under section 211(b) and in the case of an alien seeking
    admission or adjustment of status as an immediate relative or immigrant under
    section 203(a) (other than paragraph (4) thereof), 21/ if the alien has
    encouraged, induced, assisted, abetted, or aided only an individual who
    at the time of the offense was 22/ the alien's spouse, parent, son, or
    daughter (and no other individual) to enter the United States in violation of law.

    It seems a waiver is only available if I was attempting to smuggle as immediate relative. The truth of the matter is I was not trying to smuggle anyone, but in any case it wasn't an immediate relative.

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