BRINGING PARENT (HIS TRAVELERS VISA WAS PREVIOUSLY TAKEN AWAY - DUE TO WORKING IN THE US)

[Juany Mtz 0]

Hello, have a question (Immigration took away/tore my uncle's traveler's visa several yeats ago due to him working in the US unauthorized) now his kids are US citizens.....and wondering if he is eligible to be "requested/brought over" to the US???

 

One of his kids has asked and he was told that he can not request him becausehe is now over the age of 18....is this correct???

 

Also, which form or what is the process to ask for forgiveness and start his application process (if, hd is even eligible?)

 

Thabks in advance, any info or guidance is appreciated.

[Boiler 45,665]

21 not 18

 

And any bar he has would need to be served.

[Lil bear 4,252]

20 minutes ago, juanymtz22@gmail. said:

Hello, have a question (Immigration took away/tore my uncle's traveler's visa several yeats ago due to him working in the US unauthorized) now his kids are US citizens.....and wondering if he is eligible to be "requested/brought over" to the US???

 

One of his kids has asked and he was told that he can not request him becausehe is now over the age of 18....is this correct???

 

Also, which form or what is the process to ask for forgiveness and start his application process (if, hd is even eligible?)

 

Thabks in advance, any info or guidance is appreciated.

Your uncle forfeited his opportunity to visit the US when he violated the terms of his visitor visa. The loss of the visa and the ban applied are according to the well documented regulations .. 

He needs to determine what definitive action was initiated by CBP and what length of ban was applied. After serving that period outside the US, when one of his children is 21 or older, that adult child can petition for his father using the form I130. After the petition is approved, the father then applies for an IR5 immigrant visa. 
There is much research to be done to understand his specific circumstances… then a lot of reading to understand the application processes.  Many more specific details re his exclusion/situation  will be needed if we are to give you  accurate responses  

[Family 4,025]

21 minutes ago, juanymtz22@gmail. said:

One of his kids has asked and he was told that he can not request him becausehe is now over the age of 18....is this correct???

Encourage kids to join VJ. 

US Citizen Son/Daughter needs to be 21 and can file I-130 Consular Process. If his visa “taken away “ at POE, needs to do CBP FOIA for records and check for expedited removal. 

Best wait til father gets to IV interview and Visa Refusal with ALL the inadmissibility charges that CDJ will slap him with…then tackle waiver ( I-601)

[Boiler 45,665]

4 minutes ago, Family said:

Encourage kids to join VJ. 

US Citizen Son/Daughter needs to be 21 and can file I-130 Consular Process. If his visa “taken away “ at POE, needs to do CBP FOIA for records and check for expedited removal. 

Best wait til father gets to IV interview and Visa Refusal with ALL the inadmissibility charges that CDJ will slap him with…then tackle waiver ( I-601)

Children would not be able to show hardships for a I 601.

[Family 4,025]

3 minutes ago, Boiler said:

9 minutes ago, Family said:

Encourage kids to join VJ. 

US Citizen Son/Daughter needs to be 21 and can file I-130 Consular Process. If his visa “taken away “ at POE, needs to do CBP FOIA for records and check for expedited removal. 

Best wait til father gets to IV interview and Visa Refusal with ALL the inadmissibility charges that CDJ will slap him with…then tackle waiver ( I-601)

Children would not be able to show hardships for a I 601.

Not all roads lead to Rome…nor all POE entry denials/ER / IV interviews charged as misrep/fraud…
 

But yes, once at IV Refusal one would know IF it can be tackled  and a qualifying relative available.

Edited September 6, 2022 by Family

[Juany Mtz 0]

13 hours ago, Lil bear said:

Your uncle forfeited his opportunity to visit the US when he violated the terms of his visitor visa. The loss of the visa and the ban applied are according to the well documented regulations .. 

He needs to determine what definitive action was initiated by CBP and what length of ban was applied. After serving that period outside the US, when one of his children is 21 or older, that adult child can petition for his father using the form I130. After the petition is approved, the father then applies for an IR5 immigrant visa. 
There is much research to be done to understand his specific circumstances… then a lot of reading to understand the application processes.  Many more specific details re his exclusion/situation  will be needed if we are to give you  accurate responses  

How does someone go about finding out what ban/definitive action was taken by CBP ??? Is there a specific form one needs to submit for this request??? Or what information does one need??? 

[Family 4,025]

10 minutes ago, Juany Mtz said:

How does someone go about finding out what ban/definitive action was taken by CBP ??? Is there a specific form one needs to submit for this request??? Or what information does one need??? 

Please answer:

1. How old are the USC kids ? 

2. Were kids born in US or Naturalized?
 

2. Where is their mom ( US or Mexico)?

3. When was father’s visa canceled? approximate year ok

 

4. Can father text you copy of passport page ( should have some handwritten markings w section of law for refusal)..post it 

 

CBP FOIA is online, father is both subject and requestor ..son’s US mailing address ok but they will send digital file

[Lil bear 4,252]

2 hours ago, Juany Mtz said:

How does someone go about finding out what ban/definitive action was taken by CBP ??? Is there a specific form one needs to submit for this request??? Or what information does one need??? 

As Family  has outlined … FOI request will give all the information.. then you will know exactly what he is facing in the attempt to legally immigrate 

[Juany Mtz 0]

5 hours ago, Family said:

Please answer:

1. How old are the USC kids ?

Naturalized, 29

US Born 21

2. Were kids born in US or Naturalized

Both
 

2. Where is their mom ( US or Mexico)? Mexico (he is divorzed from their mom and re-married)

3. When was father’s visa canceled? approximate year 

1998

 

4. Can father text you copy of passport page ( should have some handwritten markings w section of law for refusal)..post it 

According to him there are no writtings ir anything on his passport, they just took his US Visitor visa away from him (he has attempted to re-apply for a visitors visa but has been denied without a "full explanation" if his ban.

 

CBP FOIA is online, father is both subject and requestor ..son’s US mailing address ok but they will send digital file

 

[Family 4,025]

They don’t give “ explanations” for visitor visa denials but once violated, that option was /is gone forever.

For copy of those records DOS FOIA 

https://foia.state.gov/Request/Submit.aspx

 

**important because all his answers/info from both visa applications will be reviewed **
 

Since he has been out since 1998 the time portion of his “ ban” has passed So no I-212.

 

Son needs to do I.130 ASAP. ( no need to wait for FOIA records) DIY is ok , just answer in plain language “ was denied entry at POE , was denied visitor visa”

 

ONLY at the interview can anyone KNOW for certain what inadmissibility issue CDJ will determine..so nothing to do beforehand except get records. 
 

IF there is a finding for misrep/fraud , first step is to challenge the finding…

@SkolVikes hopefully reads your post as he has fought that fight…with an Amazing DIY Victory!!

 

Though there is a I-601 waiver for the fraud , it won’t help uncle since he doesn’t have a qualifying relative….UNLESS 

 

IF father remarried BEFORE the son was 18 , son can also file I-130 for “step mom” with no problem.

Once step mom comes in as LPR ( they can go to CDJ interview together) …dad will have a Qualifying Relative and CAN do an I-601. 
 

 

 

[Juany Mtz 0]

42 minutes ago, Family said:

They don’t give “ explanations” for visitor visa denials but once violated, that option was /is gone forever.

For copy of those records DOS FOIA 

https://foia.state.gov/Request/Submit.aspx

 

**important because all his answers/info from both visa applications will be reviewed **
 

Since he has been out since 1998 the time portion of his “ ban” has passed So no I-212.

 

Son needs to do I.130 ASAP. ( no need to wait for FOIA records) DIY is ok , just answer in plain language “ was denied entry at POE , was denied visitor visa”

 

ONLY at the interview can anyone KNOW for certain what inadmissibility issue CDJ will determine..so nothing to do beforehand except get records. 
 

IF there is a finding for misrep/fraud , first step is to challenge the finding…

@SkolVikes hopefully reads your post as he has fought that fight…with an Amazing DIY Victory!!

 

Though there is a I-601 waiver for the fraud , it won’t help uncle since he doesn’t have a qualifying relative….UNLESS 

 

IF father remarried BEFORE the son was 18 , son can also file I-130 for “step mom” with no problem.

Once step mom comes in as LPR ( they can go to CDJ interview together) …dad will have a Qualifying Relative and CAN do an I-601. 
 

 

 

Thanks Family for all your responses, guidance.

 

Question - can either son request my uncle under the I130 ? Or only the one born in the US? (The 29yr naturalized doesn't qualify to request step mom as he turned 18 a month before dad remarried)

 

Thanks again

[Timona 4,207]

8 minutes ago, Juany Mtz said:

Thanks Family for all your responses, guidance.

 

Question - can either son request my uncle under the I130 ? Or only the one born in the US? (The 29yr naturalized doesn't qualify to request step mom as he turned 18 a month before dad remarried)

 

Thanks again

 

Either can petition. All you need is to go online and file I-130 for both of them. No need for a lawyer.

 

As @Family mentioned, you don't need a waiver as it's long since 1998. However, you'll need to disclose the denied entry/ ban in your petition. It's asked somewhere there. 

 

Step mom will follow dad if she's legally married to him. If not married, I'd suggest they both visit a quick courthouse for official marriage before either of you files. Anyway, doesn't matter who applies for them.

 

P.S. Marriage date has to be before petition date if you guys want them to come together at the same time. 

Edited September 7, 2022 by Timona

[Family 4,025]

33 minutes ago, Juany Mtz said:

Thanks Family for all your responses, guidance.

 

Question - can either son request my uncle under the I130 ? Or only the one born in the US? (The 29yr naturalized doesn't qualify to request step mom as he turned 18 a month before dad remarried)

 

Thanks again

The 21 year old is the only one qualified to file for stepmom, so best is he files for both at the same time . Have the 29 year old help w money .

[SkolVikes 19]

Juany Mtz

 

Hello,

 

I just basically did this exact case for my in laws but was 100x harder. Since the uncle has been out of the USA for over 20 years, any ban for over staying will be over by now. The only way forward now is to file the I-130 and go through the motions. If there is any hicups don't panic. Once they have their interview they will be either get the visa or they won't. If they don't issue the visa they will inform you as to why. My in laws worked in the USA and over stayed their tourist visa and ended up getting their green card. There is an I-601 waiver if need be but you likely won't qualify unless the uncle has a wife or parents living in the USA (legal). If you have any questions reach out or tag me on here  Good Luck!