QUESTION
Is there a possibility to apply for a pardon or waiver for 10 years bar law to return to USA?
Asked on Sep 25th, 2012 on Immigration - Colorado
More details to this question:
I currently live in Nicaragua, but used to live in USA. After hurricane, Mitch I overstayed illegally for 12 years, but never arrested or involved in any felony what's so ever (I am a Christian church member in California). PTS protection law did not cover me for one day. I did apply but the protection was denied. I was not deported, I had to return due to health reasons with my mother. My dad is alien resident and about to become US citizen. He is 65, lives alone, has been having health problems and has not had a job for a few years. I am his only son. Now, I currently have a formal job offer for my wife and myself in USA (We are travel industry experts for Latin America) and wonder if there is a possibility to apply for a pardon or waiver for 10 years bar law to return to USA, take care of my dad and provide the support he needs, ever since that is not possible here is my country for economic reasons. Looking forward to hearing from you. Thank you.
6 ANSWERS
Bruce A. Coane
Yes it is. There are all sorts of procedures available for one to get around bars to reentry.
Answered on Jun 12th, 2013 at 1:38 AM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
We would be happy to consult with you on your options to return. You must qualify for a non immigrant visa and then apply for a waiver of the unlawful presence time. If you want to schedule this and be advise of fees, procedures, etc. you may contact my office as indicated below.
Answered on Oct 01st, 2012 at 12:24 AM
Immigration and Nationality Attorney serving Miami, FL
at
CruzLaw PA
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You may be eligible for a hardship waiver but you will have to have an approved petition and a current priority date.
Answered on Sep 28th, 2012 at 3:20 PM
Civil Litigation Attorney serving New York, NY
at
Havens & Lichtenberg PLLC
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You appear eligible for a waiver of the 10-year inadmissibility. If you can show that your father suffers an "extreme hardship" due to his separation from you, the waiver can be granted. Please understand that the law gives you the right to apply for this waiver, not the right to receive it: the Department of Homeland Security has a complete discretion in these matters, and, if the DHS decides not to grant you the waiver, the decision cannot be appealed to any court. As the result, your chances of getting the waiver depend heavily on the skill of the attorney preparing the application, and his or her experience in this kind of cases. You should not rely on a notarial or an"immigration consultant", or on a general practitioner. Opt instead for an immigration attorney. American Immigration Lawyers Association has chapters in all metropolitan areas and will give you a referral.
Answered on Sep 27th, 2012 at 2:54 PM
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
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Your dad can petition for you if you are unmarried but it would take at least 8 years before a visa is available to you. You are also eligible for a waiver of the 10-year bar based on hardship to your father. Do you have anyone else who can petition for you like a wife or child?
Answered on Sep 27th, 2012 at 12:04 PM
Real Estate Attorney serving Frisco, CO
at
The Law Office of Eric A. Fisher, LLC
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If your father files a visa petition for you as the unmarried son of a USC or LPR, you will still need to wait several years before being eligible to apply for an immigrant visa. If ten years have not passed since you left the US, you can apply for a waiver of the ULP bar based upon extreme hardship to your father in your having to wait.
Answered on Sep 27th, 2012 at 10:56 AM