Juany Mtz

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

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

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??? 

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.