Father of US Citizen received Permanent Ban 14 years ago

[dhdh 0]

I am a US Citizen however my father who had a green card was deported from the US 14 years ago due to being arrested for some type of insurance fraud. My mother had cancer at the time and he was desperate to pay for her treatment through any means. Unfortunately i don't have any details of his arrest or deportation. My father says that at the time of his arrest, the lawyers offered him a jail sentence followed by a 10 year ban or house arrest following deportation with a permanent ban. He decided on the permanent ban and was eventually deported in 2006/2007. 

 

I would like to ask if it is possible for me to challenge this permanent ban and eventually apply for an immigrant visa?

I have seen some recommend to first check his deportation records and criminal status in the USA. How do I go about doing so?

 

Finally, my father is concerned that by finding his records it may bring up new criminal findings that he was not charged for.  Is this a possibility? 

 

Thank you

[Allaboutwaiting 2,503]

Sounds like a very complicated case with extremely slim chances of being approved as he was deported for an aggravated felony, has a permanent ban and more felonies that they will certainly find during mandatory background checks. 

 

You can try filing the petition and a waiver, which if extremely lucky, might be approved. Hiring a really experienced law firm is a must. 

 

You'll find lots of information online -just search waiver 212(h)- and can start reading some basics here: https://www.americanimmigrationcouncil.org/research/aggravated-felonies-overview#:~:text=Waivers under Section 212(h,qualifying U.S. citizen or LPR.&text=An immigrant convicted of an,is ineligible for voluntary departure.

Edited February 8, 2022 by Allaboutwaiting