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htslogistics-john

dad overstayed his b1/b2 and got deported can he adjust status?

By htslogistics-john in Bringing Family Members of US Citizens to America

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htslogistics-john Explorer

htslogistics-john   1

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Filed: Lift. Cond. (pnd) Country: Mexico
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hi guys, my dad overstayed his b1/b2 and got deported he got a 3 year ban. now its been more than three years and my brother(usc ) is going to try and bring him back. from what ive read on uscis and here we have to first file i-130 and wait for approval than file the i485-package. am i right? since the ban is over i read that we don't have to file i-601 or a i-212.

any help would be greatly appreciated.

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Kathryn41 Grand Master

Kathryn41   3,205

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moved from AOS forum to Bringing family members of US citizens to America forum

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furiousng Collaborator

furiousng   2

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Am assuming the word deported means he is no longer in the US. If thats the case, your brother has to file i-130 and if approved, your dad will have to apply for an immigrant visa at the consulate of his home country. AOS is for those currently in the US.

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TayRivers Proficient

TayRivers   4

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hi guys, my dad overstayed his b1/b2 and got deported he got a 3 year ban. now its been more than three years and my brother(usc ) is going to try and bring him back. from what ive read on uscis and here we have to first file i-130 and wait for approval than file the i485-package. am i right? since the ban is over i read that we don't have to file i-601 or a i-212.

any help would be greatly appreciated.

If your father tries to enter the US with the intent of filing for I-130 and I-485 then he will be committing visa fraud and could end up being banned for life.

Your brother need to file a I-130 for your father and once that is approved it will be forwarded to NVC and then to the embassy in your fathers country for him to be interviewed for a IR-5 visa. That is the correct way to do this, there are no safe shortcuts only illegal ones.

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htslogistics-john Explorer

htslogistics-john   1

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Filed: Lift. Cond. (pnd) Country: Mexico
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Am assuming the word deported means he is no longer in the US. If thats the case, your brother has to file i-130 and if approved, your dad will have to apply for an immigrant visa at the consulate of his home country. AOS is for those currently in the US.[/quot

sorry ok, ir-5 / thank you. i will start reaind on ir-5.

as to himcoming back, he cant come back he doesn't have a visa.

Edited by htslogistics-john
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