QUESTION

upcoming immigration question

Asked on Apr 20th, 2025 on Immigration - Florida
More details to this question:
My dad’s visa was annulled 35 years ago because he couldn’t prove his employment. He lived in the US for about 6 years on an A1 visa and returned a few times on a visitor visa, never overstaying his visa. As a US citizen for 5 years, I applied for him a green card. Should they ask about his annulled visa, what should the proper answer be? (obviously without lying)
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Your father will have to explain as best he can the circumstances of why he could not prove his employment when the subject arises. If he has some other evidence, he can perhaps bring it with him to the immigration interview and show it if asked. It should be noted that if there was fraud or misrepresentation found in the annulment of your father’s visa by a US consular officer, your status as a US citizen son is not sufficient for him to apply for a waiver through you. An I-601 hardship waiver under those circumstances can only be made if the qualifying member is a US citizen or permanent resident parent or spouse. The passage of time may work in his favor as it is doubtful that consular records would be kept for 35 years. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jun 06th, 2025 at 2:42 PM

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