Bringin Dad to US, 212(a)(9)(A)(ii) and 212(a)(6)(c)(i)

[Chr0no 0]

I'm a US citizen and I want to fill a petition to bring my dad to US. but here is the thing, he used to have a visa and stayed longer than he was supposed to(about a year or so), he went back to his country and after several years (8 years) he try to return using his tourist visa but he was stopped at the airport and they put the following on his passport 212(a)(9)(A)(ii) and 212(a)(6)©(i), he was returned on the next flight. My question is what do I need to do to bring him over? is he admissible for a waiver? will he never be able to make it to US? what should I do? Any help will be appreciate it

[Used to be broken 147]

I'm a US citizen and I want to fill a petition to bring my dad to US. but here is the thing, he used to have a visa and stayed longer than he was supposed to(about a year or so), he went back to his country and after several years (8 years) he try to return using his tourist visa but he was stopped at the airport and they put the following on his passport 212(a)(9)(A)(ii) and 212(a)(6)©(i), he was returned on the next flight. My question is what do I need to do to bring him over? is he admissible for a waiver? will he never be able to make it to US? what should I do? Any help will be appreciate it

INA §212(a)(9)(B)(i)(II) provides that any alien who has been unlawfully present in the United States (presence in the United States after the expiration of lawful status or presence in the United States without being admitted or paroled) for 12 months or more is excludable for 10 years.

*only periods of unlawful presence after April 1, 1997 would count toward the bar contained in INA §212(a)(9)©.

Under INA §212(a)(6)C(i), an alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or entry into the United States or other benefit provided under the INA is excludable. The determination of materiality is a fact which would make an alien excludable or shut off a line of inquiry which may have resulted in exclusion.

Waiver eligibility hinges on the existence of a "qualifying relative".

I think for these two issues, the spouse or parent is the qualifying relative for this waiver. Since you are neither his spouse nor his parent, there is no one who can apply for this waiver for you dad unless his wife or his parents are US Citizens or LPR's and will experience extreme hardship due to his not being able to enter US AND not being able to go live in his country.

*Not completely sure but hope someone else will chime in.

Edited February 26, 2011 by brokenfamily

[Chr0no 0]

INA §212(a)(9)(B)(i)(II) provides that any alien who has been unlawfully present in the United States (presence in the United States after the expiration of lawful status or presence in the United States without being admitted or paroled) for 12 months or more is excludable for 10 years.

*only periods of unlawful presence after April 1, 1997 would count toward the bar contained in INA §212(a)(9)©.

Under INA §212(a)(6)C(i), an alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or entry into the United States or other benefit provided under the INA is excludable. The determination of materiality is a fact which would make an alien excludable or shut off a line of inquiry which may have resulted in exclusion.

Waiver eligibility hinges on the existence of a "qualifying relative".

I think for these two issues, the spouse or parent is the qualifying relative for this waiver. Since you are neither his spouse nor his parent, there is no one who can apply for this waiver for you dad unless his wife or his parents are US Citizens or LPR's and will experience extreme hardship due to his not being able to enter US AND not being able to go live in his country.

*Not completely sure but hope someone else will chime in.

Thanks for the information I really appreciate it