Is this plausible?

[Kye260 0]

Hi there.

I am new here and I joined this site so that I can get some help and opinion on my dad's problem.

The story is my dad first came to US in the 80's and got a green card thanks to my aunt who petitioned for him. He left US in the '96 and returned to S. Korea with the intention of living there.

Thus he returned his green card but at '98, he wanted to return to US. He for some insane reason did not petition for his green card which would have been easy for him but thought it would be smart to enter US illegally with me, than about 8, through Canada. He was caught at Blaine, Washington but was released with his passport and was told to pay a fine later on. But, my dad did not have enough money for the fine at the time and ignored it. He lived in the US for about 12 years before he was arrested by the ICE at work in 2010. Before he was arrested, he lived a normal life such as work, paid tax, drive, and etc.. because he has a SSN from the 80's. Anyway, he was given a trial and was deported with a ten year ban. But before he was deported, he met an officer(?) who spoke Korean and was told by the said officer that my dad should not worry and can come back in legally when I am 21 years old(US Citizen by birth). Does any body know what this officer meant? Did he mean i-212?

So to get on subject, what I want to do is have my father petition i-212d3 (for the 10 year ban) and I-192 (for advanced permission) so he could be inside the US while I petition for his green card. If it is not possible for me, I have aunts who are US citizens. Is this plausible? If this is not than what is his chance of having i-212d3 accepted. I know that it depends on per case but when my father talked to immigration lawyers in Korea, they all claim it is possible for him except for this one guy who works for a company that helps people immigrate. My dad highly value this guy's opinion because the company he works for is a very trustworthy company. Is this guy correct? Or does my dad have a chance? My dad has lived in US for almost thirty years, never had trouble with the law, except one traffic ticket he received when he lived legally, and paid his taxes. I am his only family and he feels odd culturally and socially in Korea for he has lived in US for so long.

Thank You for reading. Your experiences and thoughts would be highly appropriate. Thank You.

[belinda63 3,031]

The problem isn't so much the I-212 which is for the deportation but the I-601 which is required for his overstay. The overstay is what has resulted in him being banned for 10 years. I do not believe a US citizen child can file an I-601 for a parent, it only applies to spouses/fiances and children of US citizens.

What is your current status in the US? Are you a US citizen?

And to correct your statement about his never having trouble with the law, he violated Federal Immigration law for more than 10 years. This is a Federal crime.

Edited February 10, 2013 by belinda63

[Kye260 0]

Yes, I am a US Citizen and yes I do know he has committed a federal crime. I shouldn't have said he has not committed any crime for he has. What I wanted to emphasize is that besides overstaying which is obviously a huge crime, he has not committed any other crime or had trouble with the law. This is what I meant when I commented on him not having committed any crime. I should have been more specific when I have posted the comment and will do so from now on.

To get back to the question, I was under the understanding that one has to file i-212 for readmission. That even if you do petition for i-601, you still have to petition for i-212 as well. Seeing as it is hard to prove extreme hardship, I was wondering if he can file for i-212d3 and i-192 at the same time. i-212d3 to be temporarily allowed even with the bar and i-192 so he can have advanced permission to enter as a non-immigrant so that he can wait inside the country while I invite him to US. Excuse me if I am wrong, but I am under the impression that I can invite him if he does not have the ban on him and that even without the ban, it takes years for him to get a green card. I want him to be able to enter US as a non-immigrant with i-212d3 and prolong his stay with i-192 as a non-immigrant. It said on USCIS site that i-192 is a waiver for advanced permission to enter as a non-immigrant and can petition for this if you already have in your possession appropriate documents. Does not me inviting him fall under appropriate document? If it does not what falls under appropriate document? I would greatly appreciate if someone can answer my questions for I am turning 21 soon and if possible I want to invite him as soon as possible.

Also sorry for the long writing but does anyone have any clue to what the ICE officer meant when he told my father not to worry for he should be able to come into US after I turn 21? He told my father specifically that I should be able to bring him in if he pays some fine. He said that ICE have no reason to deny his admission and that DHS also SHOULD NOT (emphasis on should not for it is not definitive) have any problem with him entering for he is not a threat to national security. Did he meant i-212 and i-601?

Thanks for reading my posts and I eagerly await for more answers.

Edited February 10, 2013 by Kye260

[Kye260 0]

Yes, I am a US Citizen and yes I do know he has committed a federal crime. I shouldn't have said he has not committed any crime for he has. What I wanted to emphasize is that besides overstaying which is obviously a huge crime, he has not committed any other crime or had trouble with the law. This is what I meant when I commented on him not having committed any crime. I should have been more specific when I have posted the comment and will do so from now on.

To get back to the question, I was under the understanding that one has to file i-212 for readmission. That even if you do petition for i-601, you still have to petition for i-212 as well. Seeing as it is hard to prove extreme hardship, I was wondering if he can file for i-212d3 and i-192 at the same time. i-212d3 to be temporarily allowed even with the bar and i-192 so he can have advanced permission to enter as a non-immigrant so that he can wait inside the country while I invite him to US. Excuse me if I am wrong, but I am under the impression that I can invite him if he does not have the ban on him and that even without the ban, it takes years for him to get a green card. I want him to be able to enter US as a non-immigrant with i-212d3 and prolong his stay with i-192 as a non-immigrant. It said on USCIS site that i-192 is a waiver for advanced permission to enter as a non-immigrant and can petition for this if you already have in your possession appropriate documents. Does not me inviting him fall under appropriate document? If it does not what falls under appropriate document? I would greatly appreciate if someone can answer my questions for I am turning 21 soon and if possible I want to invite him as soon as possible.

Also sorry for the long writing but does anyone have any clue to what the ICE officer meant when he told my father not to worry for he should be able to come into US after I turn 21? He told my father specifically that I should be able to bring him in if he pays some fine. He said that ICE have no reason to deny his admission and that DHS also SHOULD NOT (emphasis on should not for it is not definitive) have any problem with him entering for he is not a threat to national security. Did he meant i-212 and i-601?

Thanks for reading my posts and I eagerly await for more answers.

[belinda63 3,031]

Your father is currently inadmissible to the US due to the 10-year ban for his overstay and the form to overcome this ban is the I-601. He is also inadmissible due to his deportation and the form to overcome this ban is the I-212. Usually the deportation ban is for five years and his overstay ban is for 10 years. Because it has been less than five years since he was deported he will need to have both the I-601 and I-212 approved. He will not be allowed inside the US until both waivers are approved. You, as a child of the person, are not eligible to file the I-601 as it is only for spouse/fiance and children of US citizens, your dad is a parent.

I have no experience with the I-921 but it does state he must have the appropriate non-immigrant documents before it can be filed. The appropriate documents would be a visa...which your father does not have. If it were this simple to get a person into the US while their petition was pending, then everyone on this board would be filing the I-921 along with their fiance/spouse petition.

[Kye260 0]

Ok, I understand thank you.