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Looking for alternatives to an I-601, we have no "qualifying relatives". Are there other options? (Immigration question).

San Antonio, TX |

My mother was accused of fraud or misrepresentation, under section 212(a)(6)(C)(i). I am a US Citizen, unfortunately she has no "qualifying relatives" to prove extreme hardship. Are there any other currently available options? And, is the issue of "qualifying relatives" being considered for modification under the new Comprehensive Immigration Reform Bill?
Sorry about the second question, just think it's relevant.
Thank you,

Attorney Answers 3

Posted

If your mother has no qualifying relative for the I-601, then under current laws, she has no way to overcome inadmissibility due to the misrepresentation.

Nobody knows at this point whether Congress will modify the definition of "qualifying relatives." The answer to the question should be known soon though. Personally, I think it is unlikely.

Now it's possible that your mother has been wrongly accused of misrepresentation and there might be arguments raised that could overcome the allegation. That is something you could explore with an experienced immigration attorney. The issue is too complex to explore further on this website.

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Posted

Without knowing where she is in the process, benefits or removal, it's hard to determine what other options are available. Likely the best avenue is to challenge the fraud as DHS doesn't always get it right. Unless you're successful in that challenge, the likelihood is that CIR will not assist someone who has been found to have committed fraud.

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I agree with my colleagues.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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