QUESTION
Can I petition for my father's lawful entry into the US?
Asked on Jun 17th, 2012 on Immigration - California
More details to this question:
I'm a US citizen. My father had multiple unlawful reentry into the U.S (In 1988 he had a voluntary departure, came back in and them months later deported after entering again and in 2003 got voluntary departure after being in the US for about 15yrs illegally). He's been in Mexico since 2003. I'm 22 yrs old, US Citizen. Can I petition for his lawful entry into the U.S/Residency?
5 ANSWERS
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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He is subject to the permanent bar. However, he can apply (next year) for a Waiver of that permanent bar. *Waiver of Inadmissibility* A Waiver of Inadmissibility will have to be obtained. This is an application that will include a legal brief, forms, documents, exhibits, declarations and other evidence. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the crime or ground of ineligibility disappear so that entry or re-entry will be allowed into the U.S. Please note that the Waiver is the critical part of this application, and unless approved, there cannot be any other petition that will allow entry into the U.S. Therefore, the Waiver must be prepared with significant supporting documents.
Answered on Jun 28th, 2012 at 5:50 PM
Assault Attorney serving Richardson, TX
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Because of the multiple unlawful entries, your father will be barred from returning. It will be difficult.
Answered on Jun 28th, 2012 at 4:51 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Yes. You can petition for your father on Form I-130. It normally takes about 9-12 months for the petition to be processed before he will be scheduled for his visa interview at the US consulate. He will probably need to file waivers on form I-212 for having been previously deported and form I-601 for having been unlawfully present in the country in excess of 1 year, if he has not been out of the country for at least 10 years.
Answered on Jun 27th, 2012 at 2:06 PM
Commercial Attorney serving Portsmouth, NH
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Mesinschi Law Offices, PLLC
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Hello, yes you can petition for your father but may need to also seek an inadmissibility waiver if he's subject to a reentry ban right now. Unfortunately the wait may be quite lengthy coming out of Mexico, but the sooner you file the shorter you'll have to wait.
Answered on Jun 27th, 2012 at 2:03 PM
Once he has been out of the country for 10 years, unless he has other grounds of inadmissibility.
Answered on Jun 26th, 2012 at 4:39 PM