Filing GC for a sibling who has a lifetime ban

[polishedhalo]

Hello, when my sister was coming to visit us on a visit visa for the 3rd time, she was made to sign a admission withdrawal form and returned back. Can I file a GC for her with the lifetime ban on her? Also if I die(considering it takes 10 years) after filing for her will the application become void? and I heard that they may decrease the processing time for GC applications with the new law to 5 years from 10 years, is it true?

Thank you

[pontevecchio]

Since you mention "Lifetime ban" You should discuss the matter with a Lawyer.

[JoeF]

Admission withdrawal doesn't by itself mean a lifelong ban.

For a lifelong ban, something more serious would have had to happen.

You need to explain things more for a meaningful answer.

[omshiv]

why was she given a lifelong ban? why was she sent back?

[polishedhalo]

The last time she came to the US she was accompanied with her son who was also on visitor visa and in that visit he applied for Change of status to F1 to do his Masters degree, this time she was coming(almost after 2 years) with her second son who was also on visit visa, and when they asked why she was visiting on the point of entry she said she wanted to visit her son(who is on F1 now), and they found out that he changed his status and they thought she was coming with her 2nd son to change his status as well, which wasnt true, they just made assumptions that he would apply for COS, she never violated any law or over stayed at her previous visits, at one of her visits she stayed for just 30 days. It was very traumatic experience for her at the point of entry. They cancelled her visa and wrote 212(a)(7)(A)(i)(I) and 212(a)(6)©(i). which we found out was a life time ban. All I can think of now is to file her I-130, I read about I-601 waiver, but I am not sure if that applies in her case. Please advise.

[Guest Noah Lotte]

There is NO waiver available for a sibling (for an immigrant visa). If she was refused 6ci, that was for misrepresentation and fraud, which carries a lifetime ban (actually, the ban is over when an ineligible person reaches the age of 90). She apparently lied to our border folks once, and they believed she would do it again. If one day one of her 'adjusted' sons becomes a USC, she will still be ineligible for a waiver since parents of USCs are not one of the relationships mentioned (for immigrant visas).....like Joe says...."never lie to the immigration officials"....and her writing some letter apologizing profusely won't have any impact whatsoever on her current ineligibility.

[polishedhalo]

She never lied or misrepresented anything. There was no reason to lie. She was just coming to visit, they had a big event planed once they return back to their country. They had no reason to put a misrepresentation on her.

[omshiv]

although OP's post indicates that his Mom did not lie at the POE and it was her son's fault here as he did a COS..his mom shouldnt be the one who should be blamed and denied an entry.

if anything, her son shouldnt have got an approval for a COS from B1 to F1.

I would suggest your mom to approach an attorney like Murthy Law firm...maybe there are options.

[polishedhalo]

Is there a waiver available for Non immigrant visa for 212(a)(6)©(i)? Or is there a way to apply for removing 212 determination?

[omshiv]

Is there a waiver available for Non immigrant visa for 212(a)(6)©(i)? Or is there a way to apply for removing 212 determination?

as i said approach an attorney.

[t75]

Mom had to support the COS to F-1 since the son required proof of funding for school. It is unlikely that he alone had the funds. Even of the funds were from another person other than his mother, it is unreasonable that she did not know of the plan. IE, she entered under false pretenses. They have gotten much more strict about B2s declaring intent to COS to F1 at entry.

Her story is not believable.

[Guest Noah Lotte]

I second what t75 said....she knew that other plans were on the horizon...she lied...end of story, and end of visas....there is NO waiver for siblings...and before she could even dream of getting a nonimmigrant visa waiver, she would first have to qualify for that visa...and no VO with more than 11 minutes on the job will hand her a visa after her last alleged visit for pleasure...no matter what the OP says or thinks about the result, the outcome is what matters...she is PERMANENTLY ineligible for a visa of ANY type for the rest of her life. Trying to change the story later, claiming no knowledge of this or that, is the usual refrain from those who tried to game the system and failed.

[Guest Noah Lotte]

Way too many stories, each one more difficult to believe than the last.