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Sammy help!! (Parent of US Citizen for Waiver)

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  • Sammy help!! (Parent of US Citizen for Waiver)

    212(a) 6(c)(i) and Parent of US Citizen

    I would like to ask you a question regarding about waiver for the parent who is inadmissible subject to the section 212(a)6(c)(i)
    My father who won the lottery visa 5 years ago, was rejected for the DV visa due to the misrepresentation of high school diploma certificate.
    After I become US citizen, I am planning to apply for the immigrant visa for my father who is now 65 years old.
    Is he eligible to receive waiver if I become US citizen ?

  • #2
    212(a) 6(c)(i) and Parent of US Citizen

    I would like to ask you a question regarding about waiver for the parent who is inadmissible subject to the section 212(a)6(c)(i)
    My father who won the lottery visa 5 years ago, was rejected for the DV visa due to the misrepresentation of high school diploma certificate.
    After I become US citizen, I am planning to apply for the immigrant visa for my father who is now 65 years old.
    Is he eligible to receive waiver if I become US citizen ?


    • #3

      I don't know why did you call my name for help since you may notice that I, no longer reply over this forum [maybe once in a blue moon], except the only time when I surf on it's home page to search some information on courts' cases.

      On your father situation, even if you'll become a USC in the future, your father cannot be elible for waiver for any kind of visa [nonimmigrant or immigrant], because: [1] there is a LIFETIME bar for misrepresentation under the said section of the law. It used to be only 10 yrs bar, but Congress changed it into LIFETIME bar in 1996; [2] In order to get waiver, your father must be a spouse or son of either USC or Permanant resident. That means, your father can not seek waiver based on his children [you] regardless of whether you become a USC, or you are a Parmanent resident. Prior to 1996, a person could seek a waiver based on his/her children if children are permanant resident or USC, but Congress changed it. I remembered at that of changing the law, a congressperson gave the clarrification on this issue by stating that-"It is completely unfair that mostly people are been easily getting away from their misrepresentation to us just because they have children here who are either USC or permanent residents, therefore, this law must be changed". And, that congressperson, especifically pointed out Mexican people [even though it was totally unfair to pointing out to only Mexicans].

      However, if you REALLY wish that your father to be united with you, you should contact your local congresspersons to support a Bill, which was introduced by a Congressperson from Michigan to reinstate a waiver based on children. As of now, it seems a dead end to this Bill, since so many years passed by from the time this Bill is introduced in the Congress and still no avail, but you can start raising this issue now so that Congress may do something. You don't need to be a US citizen in order to contact your Congresspersons, OR to help your father to get waiver, instead your Permanant resident status would be enough. Good Luck.


      • #4
        someone 12,
        here is the another example of your knowledge regarding waiver which proven that how much you know about waivers.
        "Furthermore, this person cannot file a waiver or a petition while he is a Gc holder"

        where this is written?
        Waiver is for Dependents for USC /LPR dependents not only USC. Person can petition also but in different catogary.
        Its a discussion, not a legal advise..


        • #5
          Just a Thought and Mohan, this person writes in exactly the same tone and style as the person who attacked Sammy before so senselessly. I hope that readers of the board will further investigate any issue in which Someone 12 posts about, as the post they made on this issue made it appear they didn't even read the very post (Sammy's) that they attacked. The problem with this type of post is not only is it insulting to someone who has made such effort to help people by giving informed, detailed advice, but that it confuses the very person that originally posted for assistance. Tsk tsk.


          • #6
            Thank you very much Sammy!!


            • #7
              Hi! Sammy:

              I have noticed only few persons on the board who realy use
              INA,Sammy, Mohan. Guys keep up the good work.


              • #8
                Someone12: you had no reason to attack Sammy, he was only trying to help!


                • #9

                  I did enjoy reading your comments,as well as your knowleged of INA. Just try to help with your valued opinion.
                  I have no idea about your profession. We have few perons on board who knows the law. Unless you have a discussion on the law, you will not get the clear answer. Every one will ready according to his/her interest.


                  • #10

                    Just a clarrification to you and others- [1] A waiver [like I-212 and I-601] is a request for FORGIVENESS to an intending immigrant, who has violated any type of immigration law at any time, and a petition [like I-130, I-360, I-140] is just merely a basis for seeking immigrant visa, wherein an alien is required to file I-485 for AOS based upon approved petition for immigrant visa, or needs to go thru a consulor processing based upon approved petition. [2] A waiver is filed- FOR an intending immigrant [alien] and BY the intending immigrant, instead of USC or green cardholder, wherein alien is the only one, who asks for forgiveness to him/her because of some kind of violation in the past, to avoid any hardship to USC or green card holders if s/he is not allowed to live together with his/her relatives in U.S.

                    The eligibilities of visas, whether an immigrant visa [green card] or nonimmigrant visa [ such as student, tourist etc], has nothing to do with waiver. In case of waivers, an alien needs to seek its approval based upon a hardship to his/her relatives who are either USC or green card holders even though an alien is not been petitioned by his/her relatives. Even though a green card holder can not petition his/her parents for immigrant visa [but, still allowed to submit financial sponsorship for nonimmigrant visa for his/her parents], his/her parents can still seek a waiver based upon a hardship to green card holder.

                    In order to seek waiver, it's not necessary that an alien must to have an hardship to only USC, instead s/he is allowed to seek waiver based upon a hardship to his/her relative who is only a green card holder too. USC and green card holders are not the one, who will file or will seek the waiver, instead a waiver is sought out by an intending immigrant based upon a hardship to their USC or green card holders' relatives.

                    Like, for tourist visa, an alien is not required to have any kind of 'approved-petition' by USC or green card, but an alien is still required to file waiver [request for forgivness] before his/her tourist visa application is even approved, even though alien has proven his/her eligibility for tourist visa by overcome all the denial grounds of it. Similarly, if an alien is sponsored by an employer, or his/her relatives either they are USC or green cards for immigrant visa, it doen't mean that a green card would definately be granted, or an alien doesn't need a waiver, instead an alien must need a waiver first before any kind of application is approved for him/her.

                    David, in yr case, yr father is selected thru visa lottery system, and even though he is selected thru visa lottory, yr father still needs a waiver before his immigrant visa application is approved. But, he can not seek that waiver[forgivness] based upon you because Congress has taken out the hardship to children. If you father has a wife or parents, who are even just a green card holder, he can file for waiver based upon a hardship to them in his absence. He doesn't need only USC in order to seek a waiver. Yes, it's true that we have discriminated immigration-policy- like a USC can apply for parents and siblings, but a green card holders are not. Similarly, an immigrant visa would immediately be available to the relatives of USC without being in line first, but the relatives of green card holders need to wait in line for yeare even for 22 yrs in some cases before they are even allowed to file immigrant visa applications. However, there is no any discriminated policy when it comes to waiver.

                    And, section 214(b) of INA is just one of the denial ground for nonimmigrant visa, which states that an alien did not able to overcome the govt. presumption of 'intending immigrant', that is. It has nothing to do with Waiver. However, you need to understand also that an immigration judge has the broad discretionary authority to grant a green card to an alien based upon the hardship to his/her USC or green card holders children, but it would only be at removal [deportation] proceedings, any only by the judge and not by the INS. Waiver is granted by the INS and not by the Judge, and laws has been changed now in 1996 wherein a waiver can not be sought out based upon the hardship to children. And, like I said many times- 'Petition for visa' and 'waivers' are two different things. Waivers are filed by the alien for his/her forgivness based upon the hardship to his/her USC relatives and green card holders. USC or green cards holders are not the one who file the waivers for an alien like they do in case of petitions. I'm hundred billion % sure about what I am talking, so if someone has their own different views, it's fine with me. They can live with those views and I will with mine. I am not here to convince/force someone to rely on my opinions, instead I am providing my opinions based upon what I knew for sure. Good Luck to you David.


                    • #11
                      I concur the sammy's statments here.
                      Alien ; who is asking for frogivness= applent of waiver.
                      alien committed the violation and its ****** that he is one who will ask for forgivness , not USC.
                      USC; who is victim of extremely unusual hardship= base of the waiver.
                      waiver must have base/reason to grant relief.
                      Waiver only be filed if asked by the consulate/service.
                      Waivers comes in picture after the determination of application, means if its approvable or not.
                      waivers are a supporting document: Service has to finalize fisrt if the application is approvable. once the petition/application are filed and approvable, the the past violation will be checked, and if past violation exsists, then next step is to determine if any relief is available for that violation. that relief is waivers.
                      Not like other threads just go and file waiver
                      Its a discussion, not a legal advise..


                      • #12
                        I found out one article on this web. post by the Christini Labrie,Esq regarding about waiver. As per article the section INA212(d)(3)is a broad waiver provision that allows applicants for admission as nonimmigrant eventhough he/she cannot get the waiver as an immigrant visa, like my case.
                        Your comment is very appreciated.


                        • #13
                          As you know waivers are discretonary in nature. Yes, a person can still get the waiver but I already explained to you above HOW -the requriement for waiver in yr father's situation. There is one more way, which is- if your father can prove that it was not a WILFUL mispresentation, I meant he needs to prove that he did not presented the incorrect or fabricated-documents or any information WILFULLY, but nobody will believe on him.


                          • #14
                            Isn't that exactly what Sammy said on Sept 12 and then reiterated on Sept 30?


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