My Dad Overstayed, now wants a Visa.

[Lornaevo 48]

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

[Ning 619]

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.

[Boiler 43,425]

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

[jaycali 415]

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.

[Penguin_ie 5,984]

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

[Lornaevo 48]

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

[LIFE'SJOURNEY 970]

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.

[Boiler 43,425]

They can not.

[Lornaevo 48]

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

[GlobeHopperMama 95]

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

[jaycali 415]

Agree with above poster;

Being eligible for a waiver and actually being approved for a waiver are two very different things.

Edited October 3, 2012 by jaejayC