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Lornaevo

My Dad Overstayed, now wants a Visa.

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So here is the story, my dad came here in 1999 on a B2 visitor visa and overstayed until June 2010. He said when he returned to our home country, his passport wasn't stamped neither did anyone mention anything about his overstay. My wife is a USC and I was just granted Conditional Resident status based on marriage to her. Is there anything we can do to help my dad return here for a visit? Since returning home he has built a successful business and has no intention of ever overstaying in the US again. He genuinely wants to visit my new wife and kids. I know this is bad for him but would appreciate any help.

Thanks

Andrew


05/22/2012 - MAILED AOS PACKAGE.
06/04/2012 - RECEIVED NOTICE IN THE MAIL.
06/04/2012 - RECEIVED BIOMETRICS APPOINTMENT IN THE MAIL.
06/06/2012 - WALK IN BIOMETRICS COMPLETED.
07/11/2012 - TEXT AND EMAIL NOTIFICATIONS OF I-485 INTERVIEW APPOINTMENT.
07/13/2012 - RECEIVED HARD COPY OF INTERVIEW NOTICE IN THE MAIL.
07/28/2012 - EAD CARD PRODUCTION ORDER.
08/04/2012 - EAD CARD IN HAND.
08/15/2012 - GC INTERVIEW. APPROVED. PASSPORT STAMPED.
08/20/2012 - GC CARD PRODUCTION ORDERED.
08/23/2012 - GC RECEIVED.

06/28/2014 - MAILED I-751 PACKAGE

07/05/2014 - RECEIVED NOA 1

01/15/2016 - Interviewed and Approved.

08/02/2016 - N400 Interviewed and Approved.

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So here is the story, my dad came here in 1999 on a B2 visitor visa and overstayed until June 2010. He said when he returned to our home country, his passport wasn't stamped neither did anyone mention anything about his overstay. My wife is a USC and I was just granted Conditional Resident status based on marriage to her. Is there anything we can do to help my dad return here for a visit? Since returning home he has built a successful business and has no intention of ever overstaying in the US again. He genuinely wants to visit my new wife and kids. I know this is bad for him but would appreciate any help.

Thanks

Andrew

Dont confuse your wife or your own status with what must be done to attempt to get a tourist visa for your father. He will apply on his own. His past actions will become part of that application process. Abusing the former visa wont help because its obviouse he didnt respect the laws.

This visa application will require him to prove beyond a doubt that he MUST return. Proving his intentions will be very difficult in light of his past actions. He can and must use his business connection in his attempt but there must be more that would allow USCIS to believe in him again.

No one here can tell him what will happen. He must apply, pay the fee and step up to the window. These cases are difficult at best for anyone. Having the lengthy overstay will likely cause this attempt to be denied.

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He will need a waiver for the 10. Year ban.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Dont confuse your wife or your own status with what must be done to attempt to get a tourist visa for your father. He will apply on his own. His past actions will become part of that application process. Abusing the former visa wont help because its obviouse he didnt respect the laws. This visa application will require him to prove beyond a doubt that he MUST return. Proving his intentions will be very difficult in light of his past actions. He can and must use his business connection in his attempt but there must be more that would allow USCIS to believe in him again. No one here can tell him what will happen. He must apply, pay the fee and step up to the window. These cases are difficult at best for anyone. Having the lengthy overstay will likely cause this attempt to be denied.

This would be the case if he had left in 2002. Or if today was 9/27/2020.

Since he overstayed for more than one year, he automatically triggered a 10 year bar from re-entry the moment he left the US. He will not be eligible to apply for another visa until that 10 year bar is up, at which point he'll still need to convince the embassy in Port of Spain that he has no intention of overstaying.

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Technically, there is a waiver for non-immigrant visas. Realistically, he won;t get a tourist visa for a long time.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Thanks a lot for your help guys. That's what I thought also.


05/22/2012 - MAILED AOS PACKAGE.
06/04/2012 - RECEIVED NOTICE IN THE MAIL.
06/04/2012 - RECEIVED BIOMETRICS APPOINTMENT IN THE MAIL.
06/06/2012 - WALK IN BIOMETRICS COMPLETED.
07/11/2012 - TEXT AND EMAIL NOTIFICATIONS OF I-485 INTERVIEW APPOINTMENT.
07/13/2012 - RECEIVED HARD COPY OF INTERVIEW NOTICE IN THE MAIL.
07/28/2012 - EAD CARD PRODUCTION ORDER.
08/04/2012 - EAD CARD IN HAND.
08/15/2012 - GC INTERVIEW. APPROVED. PASSPORT STAMPED.
08/20/2012 - GC CARD PRODUCTION ORDERED.
08/23/2012 - GC RECEIVED.

06/28/2014 - MAILED I-751 PACKAGE

07/05/2014 - RECEIVED NOA 1

01/15/2016 - Interviewed and Approved.

08/02/2016 - N400 Interviewed and Approved.

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So here is the story, my dad came here

in 1999 on a B2 visitor visa and overstayed until June 2010
. He said when he returned to our home country, his passport wasn't stamped neither did anyone mention anything about his overstay. My wife is a USC and I was just granted Conditional Resident status based on marriage to her. Is there anything we can do to help my dad return here for a visit? Since returning home he has built a successful business and has no intention of ever overstaying in the US again. He genuinely wants to visit my new wife and kids. I know this is bad for him but would appreciate any help.

Thanks

Andrew

Here's to his wants

Based on his overstay he just aquired a 10 year ban on any visas to the US.

The Trinidad government would not be concern about his overstay in the US, they would only be concern about his ability to re-enter Trinidad. REason why noone in Trindad express any concern about his long overstay visit.

Since he was leaving the US, the US didn't care.

Your USC wife status has no power to assist with your father's overstay or future visa events.

Your LPR status will offer no assistant to your father either.

Now on to the future after 10 years if;

You as the son obtain USC, you may apply to petition for your father.

Your father will need a wavier, this is where the water will get muddy again.

I am not sure if a son/daughter can file harship for a parent.

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They can not.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I really appreciate the wealth of information given to me. Thanks to all who responded.


05/22/2012 - MAILED AOS PACKAGE.
06/04/2012 - RECEIVED NOTICE IN THE MAIL.
06/04/2012 - RECEIVED BIOMETRICS APPOINTMENT IN THE MAIL.
06/06/2012 - WALK IN BIOMETRICS COMPLETED.
07/11/2012 - TEXT AND EMAIL NOTIFICATIONS OF I-485 INTERVIEW APPOINTMENT.
07/13/2012 - RECEIVED HARD COPY OF INTERVIEW NOTICE IN THE MAIL.
07/28/2012 - EAD CARD PRODUCTION ORDER.
08/04/2012 - EAD CARD IN HAND.
08/15/2012 - GC INTERVIEW. APPROVED. PASSPORT STAMPED.
08/20/2012 - GC CARD PRODUCTION ORDERED.
08/23/2012 - GC RECEIVED.

06/28/2014 - MAILED I-751 PACKAGE

07/05/2014 - RECEIVED NOA 1

01/15/2016 - Interviewed and Approved.

08/02/2016 - N400 Interviewed and Approved.

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He could seek a d3 waiver (non-immigrant visa waiver) to cure the 10 year ban, but with only 2 years of re-establishing a life back home, I suspect it's unlikely the consulate or DHS would consider the waiver at all. You can read a little bit about these waivers here:

http://immigrate2us.net/forum/forumdisplay.php?122-Waivers-for-Non-Immigrant-Visas


Long story short, we have a complicated case. We've been at this for nearly 5 years. You can read our story here. I highly recommend our attorney Laurel Scott, as well as attorneys Laura Fernandez and Lizz Cannon .

Filed I-130 via CSC in Feb 2008. Petition approved June 2008. Consular interview in Mexico, Oct 2008, visa denied, INA 212a6cii. We allege improper application of the law in this case.

2012, started over in Seoul: I-130 filed DCF on 7/2, I-130 approved 8/8, Medical at Yonsei Severance 11/20, IR1 appointment in November 2012.

CRBA filed 1-3-13 at Seoul for our daughter

4MLHm5.pngCzLqp9.png

You can find me at

Immigrate2us.net as Los G :)

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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