Q: Immigration Visa for Daughter Deported for Violating Student Visa
I am a US citizen (naturalized) but my daughter is not. She was in the US studying on a student visa. While on her student visa she went to Canada for a part time job and was denied entry back into the US for violating the condition of her visa. She was deported back to South America with a 5 year ban. As her parent can I file an I-130 for her? Would we need to file any waivers?
A: There is no easy answer to this question. An in person consultation with an experienced immigration attorney is critical to finding a remedy, if at all possible.
A: You can certainly file an I 130 to sponsor your daughter, but her place in line will be determined by her age and whether she is married. You should know that the I 130 does not give her the right to enter the US or to remain in the US while waiting for USCIS to make a decision. It is not clear as to what she did that caused CBP to deny her entry based on a violation of the conditions of her visa. Also you state that she was "deported," but it is unclear just exactly what occurred. Before advising you as to whether she would need a waiver or what type of waiver would be required, I would need some additional information. I suggest that you speak with an experienced immigration lawyer and provide documentation and a full account of your situation.
A: The fact that you are saying she has a five year ban strongly suggests that she was put through an expedited removal and was given paperwork saying she had a five year ban. If she was merely denied entry, you would be saying she was deported, with no mention of a five-year ban. So at the very least she needs an I-212. While technically not a "waiver" under the law, it works the same as a waiver and is usually referred to as a waiver even by attorneys. Depending on the facts of the case, she may also need a waiver for misrepresentation. This would most likely occur if CBP discovered she had a job waiting for her in the US when she attempted to enter on an F1, but the misrepresentation finding can occur in other fact patterns as well. It is common for people who are put through an expedited removal at the border to later be found by the consulate to have committed misrepresentation, even if CBP did not make that formal finding at the time. So she may also need an I-601 waiver for misrepresentation. Impossible to say without more information. You can file an I-130 for her, but she may be in a preference category (depending on her current age), which means it could be a few years before her consular interview. If she's under 21, she won't be in a preference category and may get her interview in less than a year. If she needs a misrepresentation waiver on form I-601, you would be her qualifying relative. The I-212 does not require a qualifying relative. There are a fair number of unknowns in your case. You need a proper consultation.
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