Bringing my father to the state with Prison record 30-40 years ago

[thach ho 0]

Hello Everyone. I am a US citizen and I am trying to bring my father to the State. I have successfully sponsored my mother previously. In Vietnam 35-40 years ago, my father has served jail time for about 1 year for involving in an assault. We just found out it is still in my father police record after almost 40 years. I wonder if I would affect my father visa process. We have everything completed except for the police report which is hard to get. Can anyone give me an advice on what to do? Will Uscis look into something that happen along time ago. My dad is 60 years + old now and there are unfortunately happen in his 20's and post war time.. Thank you very much

[geowrian 22,335]

USCIS won't care. They only handle the petition.

The consulate would be the one to determine a criminal inadmissibility.

If the crime was a CIMT (assault alone may or may not be depending on the facts...1 year jail time implies to me it was more than something minor but idk local law), it would be an inadmissibility. See https://fam.state.gov/FAM/09FAM/09FAM030203.html.

 

You are not an qualifying relative for a waiver, but since it has been over 15 years since the event, he may qualify for a waiver. He must establish (https://www.uscis.gov/system/files_force/files/form/i-601instr-pc.pdf😞

Quote

At least 15 years have passed since the activity or event that makes you inadmissible, you have been rehabilitated, and your admission to the United States will not be contrary to the national welfare, safety, or security;

I honestly doubt this would be much of an issue for somebody in their 60s with an offense ~40 years ago. But it does need to be waived nonetheless.

 

The process would be just like your mother's:

1) File the I-130

2) I-130 approved and sent to NVC

3) NVC processing (https://www.visajourney.com/wiki/index.php/NVC_Process)

4) Documentation Qualified (DQ) - wait for an interview

5) Consulate processing, medical, etc.

6) Interview for visa

 

If he is otherwise eligible for the visa but the offense was a CIMT, the visa will be refused due to the CIMT. He should he offered the ability to submit an I-601 waiver at that time. You cannot file an I-601 beforehand..you have to wait until they find him inadmissible.

Edited May 29, 2020 by geowrian

[thach ho 0]

53 minutes ago, geowrian said:

USCIS won't care. They only handle the petition.

The consulate would be the one to determine a criminal inadmissibility.

If the crime was a CIMT (assault alone may or may not be depending on the facts...1 year jail time implies to me it was more than something minor but idk local law), it would be an inadmissibility. See https://fam.state.gov/FAM/09FAM/09FAM030203.html.

 

You are not an qualifying relative for a waiver, but since it has been over 15 years since the event, he may qualify for a waiver. He must establish (https://www.uscis.gov/system/files_force/files/form/i-601instr-pc.pdf😞

I honestly doubt this would be much of an issue for somebody in their 60s with an offense ~40 years ago. But it does need to be waived nonetheless.

 

The process would be just like your mother's:

1) File the I-130

2) I-130 approved and sent to NVC

3) NVC processing (https://www.visajourney.com/wiki/index.php/NVC_Process)

4) Documentation Qualified (DQ) - wait for an interview

5) Consulate processing, medical, etc.

6) Interview for visa

 

If he is otherwise eligible for the visa but the offense was a CIMT, the visa will be refused due to the CIMT. He should he offered the ability to submit an I-601 waiver at that time. You cannot file an I-601 beforehand..you have to wait until they find him inadmissible.

Thank you very much for your guidance. My father have traveled to the US before on a tourist visa to visit me without any problem. My mom also got here on tourist visa and I successfully did an adjustment of status for her.  My parents were talking about abandoning the immigration process and let my dad came here on the tourist visa instead then I'll file adjustment of status for him. I am hesitating because there is so many unknown variables on the tourist route. The same goes for the immigration route. Too many things uncertain 

Edited May 29, 2020 by thach ho

[geowrian 22,335]

6 minutes ago, thach ho said:

Thank you very much for your guidance. My father have traveled to the US before on a tourist visa to visit me without any problem.

As for him having a tourist visa, that's a non-immigrant visa. For an immigrant visa, a CIMT will apply.

 

6 minutes ago, thach ho said:

My parents were talking about abandoning the immigration process and let my dad came here on the tourist visa instead then I'll file adjustment of status for him. I am hesitating because there is so many unknown variables on the tourist route.

This is fraud. He cannot come on a tourist visa with intent to adjust status.

[SusieQQQ 11,584]

8 minutes ago, thach ho said:

My parents were talking about abandoning the immigration process and let my dad came here on the tourist visa instead then I'll file adjustment of status for him.

That doesn’t take the problem away. 

[Unlockable 7,306]

3 hours ago, thach ho said:

  My parents were talking about abandoning the immigration process and let my dad came here on the tourist visa instead then I'll file adjustment of status for him. 

That is immigration fraud. A tourist visa is supposed to be only for tourism, not immigrating. But if you and your father is already concerned about his criminal past, committing fraud like that is not a good look. Better advise him against using the tourist visa.