Petitioning for Dad to come- I am in process of becoming a USC

[DSil 1]

Hi everyone I need help on this. I am currently in process of becoming a USC. I got my LPR status from my mother who married a USC; my stepdad petitioned for my mother & sister & I. My dad came to the US in 2000 & was never documented. He is originally from Peru and he came on a VISA from Spain (which is fraud I assume?). He left back to Peru in July of 2015. He wasn't deported, he chose to leave. After I become a citizen I will be petitioning for him since I'll be 21 at the time I become a USC. What do We have to do in his case? My fiancée is a USC and my sister who is 16 is also a USC. We would need to bring my dad, his wife and their 3 kids. Is there any hope in his situation? PLEASE HELP!!

[Ben&Zian 4,397]

Well he will have to, or you would admit to his technical "illegal" status and overstay which from your timeline of events would result in a 10 year ban for him. Also, with the whole use of a visa from Spain, depending on how he acquired that visa could be a whole different set of troubles(if he obtained it somehow illegally).

 

Beware of the new policies that also may be coming in place at some point about the barring of petitioning certain relatives other than spouses and specific other family members.

 

 

[DSil 1]

8 minutes ago, Ben&Zian said:

Well he will have to, or you would admit to his technical "illegal" status and overstay which from your timeline of events would result in a 10 year ban for him. Also, with the whole use of a visa from Spain, depending on how he acquired that visa could be a whole different set of troubles(if he obtained it somehow illegally).

 

Beware of the new policies that also may be coming in place at some point about the barring of petitioning certain relatives other than spouses and specific other family members.

 

 

Yeah he thinks that he can just say "no" that he was never here ilegally simply because he didn't commit a crime; however, he got married here twice and he got traffic tickets too. Wouldn't he have to file for forgiveness of his illegal stay to shorten the 10 year ban?

What new policies are you talking about? Would it impact USC's from petitioning for their parents?

[Ben&Zian 4,397]

He would have to admit it, otherwise when they figure it out he can be banned for misrespresentation. He would have to have a waiver filed at some point during the process, eithere the I-212 or I601 I believe they are.

 

Here's a link for that new policy that could take affect this year: http://www.cnn.com/2017/02/07/politics/cotton-perdue-immigration-bill/

 

Would have to re-read it but believe even USC's will become limited for certain family petitions.

[DSil 1]

10 minutes ago, Ben&Zian said:

He would have to admit it, otherwise when they figure it out he can be banned for misrespresentation. He would have to have a waiver filed at some point during the process, eithere the I-212 or I601 I believe they are.

 

Here's a link for that new policy that could take affect this year: http://www.cnn.com/2017/02/07/politics/cotton-perdue-immigration-bill/

 

Would have to re-read it but believe even USC's will become limited for certain family petitions.

That is so crazy....I really hope that does not pass. 

[Ben&Zian 4,397]

Most likely will. Whenever it does, I assume that it will have same immediate affect upon any new, or pending applications, they will simply be halted or denied, same as with the travel ban for the Middle Eastern countries in the previous bill. Affect was immediate.

 

You have some other issues still though you need to address with his petition such as the overstay, which again is right now a 10 year ban technically, then also, was the visa he used to enter originally even legal or obtianed illegally? Then need to get him to understand you never lie on immigration forms. Always be honest no matter what the consequences are, because being caught in the lie could result in life time ban.

[Transborderwife 4,666]

You can apply for him while he waits out his ban

[DSil 1]

3 minutes ago, Ben&Zian said:

Most likely will. Whenever it does, I assume that it will have same immediate affect upon any new, or pending applications, they will simply be halted or denied, same as with the travel ban for the Middle Eastern countries in the previous bill. Affect was immediate.

 

You have some other issues still though you need to address with his petition such as the overstay, which again is right now a 10 year ban technically, then also, was the visa he used to enter originally even legal or obtianed illegally? Then need to get him to understand you never lie on immigration forms. Always be honest no matter what the consequences are, because being caught in the lie could result in life time ban.

Right, but wasn't the Muslim ban just lifted? It was a fraudulent VISA. I don't know how he got it but it was fraud visa from Spain, since he was never born in Spain. Right, I told him he needs to tell the truth because it could result in worse consequences. Would he have been better off staying until I petitioned for him? Which would've been later this year, since ill be 21 before I get my citizenship this year. 

[Transborderwife 4,666]

1 minute ago, DSil said:

Right, but wasn't the Muslim ban just lifted? It was a fraudulent VISA. I don't know how he got it but it was fraud visa from Spain, since he was never born in Spain. Right, I told him he needs to tell the truth because it could result in worse consequences. Would he have been better off staying until I petitioned for him? Which would've been later this year, since ill be 21 before I get my citizenship this year. 

He may have a lifetime ban for misrepresentation then.  Even if he does tell the truth.  This has nothing to do with the Muslim ban, it's a separate order they're looking into.

[Ben&Zian 4,397]

Correct above. you need to straighten this out, and honestly with 2 huge strikes again him, you may be in for a complete up hill battle, and may need a really good immigration lawyer honestly.

Edited February 10, 2017 by Ben&Zian

[DSil 1]

1 minute ago, Transborderwife said:

He may have a lifetime ban for misrepresentation then.  Even if he does tell the truth.  This has nothing to do with the Muslim ban, it's a separate order they're looking into.

I heard he fill out a forgiveness waiver though? I forgot what the form was called. Is that true?

[DSil 1]

7 minutes ago, Transborderwife said:

You can apply for him while he waits out his ban

Really? That will work?

[DSil 1]

3 minutes ago, Ben&Zian said:

Correct above. you need to straighten this out, and honestly with 2 huge strikes again him, you may be in for a complete up hill battle, and may need a really good immigration lawyer honestly.

Maybe he shouldn't have left 2 years ago....I feel like this would've been easier to tackle had he been here right?

[Transborderwife 4,666]

3 minutes ago, DSil said:

I heard he fill out a forgiveness waiver though? I forgot what the form was called. Is that true?

Nope.  He needs a qualifying relative which he does not have 

https://www.uscis.gov/policymanual/Print/PolicyManual-Volume9-PartG.html

[Transborderwife 4,666]

1 minute ago, DSil said:

Maybe he shouldn't have left 2 years ago....I feel like this would've been easier to tackle had he been here right?

Absolutely not