Denied I-601 waiver for Ill 81 y/o Grandmother

[robnyc]

Hello,

I hope someone here can provide some insight into my family's predicament with our grandmother, who has been living here illegally for 25 years.
My grandmother's only child (my mother) has been a US citizen for more than 10 years now. My siblings and I are also US Citizens. We are are essentially the only family that she has and her health is starting to deteriorate.

The problem that we've always had with getting her legal status has been how she entered the US, which was through an altered legal document. We filed for Hardship almost 5 years ago and this was denied as the advise we were given was to be upfront about how she entered this country.

At this point, we are not sure if there is any opportunity for our grandmother to remain in this country legally and apply for medicare and other government health programs. Should we try to apply for a new waiver now with the new Obama regulations and policies in place, which absolves deportation for illegal immigrants who are parents of US Citizens?

She cannot go back to our country because she depends entirely on us and she has no one there who can take care of her.
Thank you.

[Lisaanderson]

Hello,

I hope someone here can provide some insight into my family's predicament with our grandmother, who has been living here illegally for 25 years.
My grandmother's only child (my mother) has been a US citizen for more than 10 years now. My siblings and I are also US Citizens. We are are essentially the only family that she has and her health is starting to deteriorate.

The problem that we've always had with getting her legal status has been how she entered the US, which was through an altered legal document. We filed for Hardship almost 5 years ago and this was denied as the advise we were given was to be upfront about how she entered this country.

At this point, we are not sure if there is any opportunity for our grandmother to remain in this country legally and apply for medicare and other government health programs. Should we try to apply for a new waiver now with the new Obama regulations and policies in place, which absolves deportation for illegal immigrants who are parents of US Citizens?

She cannot go back to our country because she depends entirely on us and she has no one there who can take care of her.
Thank you.

Without knowing exactly how your grandmother entered and the reasons for the 601 denial, there’s no way to know if a new application will be approve. It’s good you were honest because it’s worse if USCIS catches you in a lie. Go to a new attorney and see if the chances of getting the 601 approved now would be better because of her failing health.

She also may be eligible for DAPA. You should see a competent attorney (please see a real attorney, not a notario. This isn’t the right time to find the cheapest guy/girl out there).

[robnyc]

Without knowing exactly how your grandmother entered and the reasons for the 601 denial, there’s no way to know if a new application will be approve. It’s good you were honest because it’s worse if USCIS catches you in a lie. Go to a new attorney and see if the chances of getting the 601 approved now would be better because of her failing health.

She also may be eligible for DAPA. You should see a competent attorney (please see a real attorney, not a notario. This isn’t the right time to find the cheapest guy/girl out there).

Thank you Lisa.
I have an update. After going through all the documents and immigration letters my mother received.

It appears I was mistaken about the 601 and the lawyer actually filed for section 245 benefits after a first lawyer had submitted an i-485 two years earlier. This was back in 2006.

Decision:
Section 212(a)(6)(c)
(C) Misrepresentation
(i) ..... [states the law for misrepresenting a material fact..

On date (2004) , you had filed an application for Adjustment of status on form i-485. A review of the record indicates that you had entered the US on date (1990) using someone else's passport on the name of NAME. You are ineligible to file a suplement "A" to form I-485 application, to adjust status because you filed a petition after April 30, 2001.
Accordingly, you are not eligible for the benefits of Section 245 of the Immigration and Naturalization Act, as ammended. Your application for Adjustment of Status is hereby denied as a matter of discretion.

This decision may not be appealed. If you believe the law was innapropriately applied or the analysis used in reaching the decision was inconsistent with the information provided or with precedent decisions, you may file a motion to reconsider......


We never filed this motion.. This letter is from 2006.

[Lisaanderson]

Thank you Lisa.
I have an update. After going through all the documents and immigration letters my mother received.

It appears I was mistaken about the 601 and the lawyer actually filed for section 245 benefits after a first lawyer had submitted an i-485 two years earlier. This was back in 2006.

Decision:
Section 212(a)(6)(c)
(C) Misrepresentation
(i) ..... [states the law for misrepresenting a material fact..

On date (2004) , you had filed an application for Adjustment of status on form i-485. A review of the record indicates that you had entered the US on date (1990) using someone else's passport on the name of NAME. You are ineligible to file a suplement "A" to form I-485 application, to adjust status because you filed a petition after April 30, 2001.
Accordingly, you are not eligible for the benefits of Section 245 of the Immigration and Naturalization Act, as ammended. Your application for Adjustment of Status is hereby denied as a matter of discretion.

This decision may not be appealed. If you believe the law was innapropriately applied or the analysis used in reaching the decision was inconsistent with the information provided or with precedent decisions, you may file a motion to reconsider......


We never filed this motion.. This letter is from 2006.

You need to see an attorney to sort everything out. You will need to file Freedom of Information Act request with USCIS to see what information, documents and applications they have in your mother’s name. Did your mother enter the country using someone else’s’ name? If so, that is a big problem.

[dev199108]

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