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htslogistics-john

dad overstayed his b1/b2 and got deported can he adjust status?

By htslogistics-john in Bringing Family Members of US Citizens to America

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htslogistics-john Explorer

htslogistics-john   1

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Filed: Lift. Cond. (pnd) Country: Mexico
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hi guys, my dad overstayed his b1/b2 and got deported he got a 3 year ban. now its been more than three years and my brother(usc ) is going to try and bring him back. from what ive read on uscis and here we have to first file i-130 and wait for approval than file the i485-package. am i right? since the ban is over i read that we don't have to file i-601 or a i-212.

any help would be greatly appreciated.

Kathryn41 Grand Master

Kathryn41   3,205

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moved from AOS forum to Bringing family members of US citizens to America forum

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furiousng Collaborator

furiousng   2

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Am assuming the word deported means he is no longer in the US. If thats the case, your brother has to file i-130 and if approved, your dad will have to apply for an immigrant visa at the consulate of his home country. AOS is for those currently in the US.

TayRivers Proficient

TayRivers   4

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hi guys, my dad overstayed his b1/b2 and got deported he got a 3 year ban. now its been more than three years and my brother(usc ) is going to try and bring him back. from what ive read on uscis and here we have to first file i-130 and wait for approval than file the i485-package. am i right? since the ban is over i read that we don't have to file i-601 or a i-212.

any help would be greatly appreciated.

If your father tries to enter the US with the intent of filing for I-130 and I-485 then he will be committing visa fraud and could end up being banned for life.

Your brother need to file a I-130 for your father and once that is approved it will be forwarded to NVC and then to the embassy in your fathers country for him to be interviewed for a IR-5 visa. That is the correct way to do this, there are no safe shortcuts only illegal ones.

htslogistics-john Explorer

htslogistics-john   1

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Filed: Lift. Cond. (pnd) Country: Mexico
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Posted (edited)
Am assuming the word deported means he is no longer in the US. If thats the case, your brother has to file i-130 and if approved, your dad will have to apply for an immigrant visa at the consulate of his home country. AOS is for those currently in the US.[/quot

sorry ok, ir-5 / thank you. i will start reaind on ir-5.

as to himcoming back, he cant come back he doesn't have a visa.

Edited by htslogistics-john
 
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