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

[Boiler 43,436]

Nobody knows what changes there will be to Immigration, gets talked about a lot and nothing much happens.

[Harmonia 211]

He has a 10 year ban for unauthorized presence (arriving via boat undocumented) that started the day he left the US. There is no hardship waiver ("pardon") through you. You are a qualifying relative to sponsor him for permanent residency, but not a qualifying relative for a hardship waiver. Children can't do a hardship waiver for their parents. 

 

There's no point in worrying about immigration changes that may or may not come to pass in 8 years. No one knows what will happen. Unfortunately, the only option is for him to wait out the remaining years. 

[Unlockable 7,306]

1 hour ago, DSil said:

Everyone, thanks for your input. Aaron, at this point from the feedback I've gotten, there's no way in heck he'd lie about his status again. Unfortunately when things start out crooked they're hard to straighten out. However, apparently I've gotten the story wrong. I just messaged my dad and asked him about his exact date of arrival & he said that he actually came through a boat. I'm sorry guys, I've had the wrong story for years apparently. He said he came by boat before 9/11, December of 2000 to be exact and he did not carry a Visa. He said at that time they weren't as strict as they are now so he was able to slip in. After getting off the boat, he got in a truck (this was planned out with my uncle who was also in the US already at this time) and went on his way.  However this still marks him as an illegal immigrant Bc of how he came in. Any new suggestions based off of this? Thanks guys

 

You have gotten good advice here and a very good attorney would be suggested for further consultation. I would also advise you to encourage your father NOT to attempt to reenter the US either by land, sea, or air until this is resolved. It is simple not worth the risk and no telling what policy changes will happen with the current administration.

[ConOfficer 167]

Have him apply for a tourist visa. Tell him to be honest - that he overstayed his prior visa. The officer *should* refuse him and tell him exactly when or if he will be eligible for an immigrant visa. At least you'll know what the situation is and can determine whether it's worth the time and money to file an I-130 for him. 

 

A visa denial is also decent proof of relationship (ConOff will note he wants to visit his LPR son). 

 

He should bring some evidence of his date of departure from the U.S. as that info isn't always registered. 

[aaron2020 11,651]

11 hours ago, ConOfficer said:

Have him apply for a tourist visa. Tell him to be honest - that he overstayed his prior visa. The officer *should* refuse him and tell him exactly when or if he will be eligible for an immigrant visa. At least you'll know what the situation is and can determine whether it's worth the time and money to file an I-130 for him. 

 

A visa denial is also decent proof of relationship (ConOff will note he wants to visit his LPR son). 

 

He should bring some evidence of his date of departure from the U.S. as that info isn't always registered. 

Why waste $160.  It's a 10 years ban from the day he left.  

 

A visa denial is is not proof of a relationship.  

[Boiler 43,436]

Vry rare, well I have never head of a Consulate going through all inadmissibilities, they only need one for a refusal.

[ConOfficer 167]

3 hours ago, aaron2020 said:

Why waste $160.  It's a 10 years ban from the day he left.  

 

A visa denial is is not proof of a relationship.  

I respectfully disagree. It's pretty common to see people come in for an NIV interview knowing they will be refused. The officer will tell the applicant exactly why they're being refused, under what section of the law, if a waiver is available. and when or if they will be eligible to apply again. The family can then plan accordingly.

 

If this was merely an unlawful presence issue I might agree with you that he should wait it out. But with a fraud issue, it's well worth the $160 to get some answers before investing thousands of dollars in an IV process.

 

As to a visa denial as POR, in my experience (from adjudicating 80,000 IVs and NIVs) a visa denial is excellent POR. You don't really need POR for an IR5 petition anyways (low fraud category), but if see that someone was refused an NIV to see their LPR son in Ohio 5 years ago and now they're AmCit son is Ohio is filing a petition for them, it's clear that there is a consistent story and legit relationship. They'll get their visa without much scrutiny. 

[Boiler 43,436]

I am not saying it has never happened, but seems extremely rare to the extent I can not recall anybody being told exactly why they were refused.

 

You can of course apply anytime you want, nothing here suggests the ban/bans is not waiverable.