Jump to content
Sign in to follow this  
Chr0no

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

3 posts in this topic

Recommended Posts

Filed: Timeline

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

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Belarus
Timeline

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 by brokenfamily

Share this post


Link to post
Share on other sites
Filed: Timeline

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

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...