Citizen trying to get previously deported father back in the US

[blueburnsorange 0]

Hello everyone,

This is my first post on here. I have used this site in the past to get my own permanent residency and everything went well. Thank you to those that posted advice. It really helped!

Anyway, I have another issue at hand. Just to give a little background info, my father was deported from the US back in 2007. He overstayed his initial voluntary deportation and as a result was attained and sent back to Chile.

My older brother, who is now a US Citizen will be petitioning for him to be able to come back into the states. I spoke to an immigration officer last week and were given advice on what to do. I was told that we should file an I-131 and then we will be denied due to his past deportation. We were told after being denied, that we should file for an appeal (a form of which they will specify) and that we would be able to get an answer after that.

My question is, does anyone have any experience with this type of case? Would this be the best route to go? Is it safer if we do this process with an attorney? Any advice given will be greatly appreciated. Thank you!

[aleful 1,905]

Hello everyone,

This is my first post on here. I have used this site in the past to get my own permanent residency and everything went well. Thank you to those that posted advice. It really helped!

Anyway, I have another issue at hand. Just to give a little background info, my father was deported from the US back in 2007. He overstayed his initial voluntary deportation and as a result was attained and sent back to Chile.

My older brother, who is now a US Citizen will be petitioning for him to be able to come back into the states. I spoke to an immigration officer last week and were given advice on what to do. I was told that we should file an I-131 and then we will be denied due to his past deportation. We were told after being denied, that we should file for an appeal (a form of which they will specify) and that we would be able to get an answer after that.

My question is, does anyone have any experience with this type of case? Would this be the best route to go? Is it safer if we do this process with an attorney? Any advice given will be greatly appreciated. Thank you!

the officer you spoke with has no clue. the i131 has nothing to do with your father. the least, your father has a 10 year ban that cannot be waived. maybe your brother can file for him after the 10 year ban, anything before is a waste of money and time, there is no appeal. he overstayed or entered without inspection, he was granted voluntary departure, which would at least have avoided a deportation and did not leave and finally deported.

children don't qualify to give waivers for parents. sorry. he has 5 more years of the ban. then after he completes the ban you can start talking to an attorney.

[aaron2020 11,651]

Hello everyone,

This is my first post on here. I have used this site in the past to get my own permanent residency and everything went well. Thank you to those that posted advice. It really helped!

Anyway, I have another issue at hand. Just to give a little background info, my father was deported from the US back in 2007. He overstayed his initial voluntary deportation and as a result was attained and sent back to Chile.

My older brother, who is now a US Citizen will be petitioning for him to be able to come back into the states. I spoke to an immigration officer last week and were given advice on what to do. I was told that we should file an I-131 and then we will be denied due to his past deportation. We were told after being denied, that we should file for an appeal (a form of which they will specify) and that we would be able to get an answer after that.

My question is, does anyone have any experience with this type of case? Would this be the best route to go? Is it safer if we do this process with an attorney? Any advice given will be greatly appreciated. Thank you!

You got the wrong number. An I-131 is for obtaining a travel document for someone who is already in the US. It is not for petitioning a parent. You want form I-130.

Your father violated his voluntary departure agreement, was subsequently detained, and deported to Chile. This is an automatic 5 years ban which cannot be waived.

Assuming your father accrued more than one year of unlawful presence in the US, he is also subject to a 10 years ban.

If your father files Form I-130 for your father, this is what will happen; I-130 approve showing USC is related to beneficiary. Based on approved I-130, dad files DS-230 for an immigration visa. DS-230 will be denied because of his 10 years ban. USC files I-212 and I-601 to waive the ban. The waivers will not be approved because it is almost impossible for the US citizen adult child to show a hardship to him if the waiver is not approved. The hardship to your father is irrelevant. What hardship would your brother suffer if your father is not granted an immigration visa?

Your father violated US immigration laws. He violated his voluntary departure agreement. He essentially gave the middle finger to US immigration laws. Those laws are not going to help him now.

Wait until 2017 to petition your father.

Edited March 22, 2012 by aaron2020

[blueburnsorange 0]

thank you to both of you for taking the time to reply. It is really appreciated.

If your father files Form I-130 for your father, this is what will happen; I-130 approve showing USC is related to beneficiary. Based on approved I-130, dad files DS-230 for an immigration visa. DS-230 will be denied because of his 10 years ban. USC files I-212 and I-601 to waive the ban. The waivers will not be approved because it is almost impossible for the US citizen adult child to show a hardship to him if the waiver is not approved. The hardship to your father is irrelevant. What hardship would your brother suffer if your father is not granted an immigration visa?

Would you happen to know if there was any other way we can get him to come back? The goal here is to get him to come and at least visit once or twice a year. He no longer wishes to live in the States (has reasons to stay living in Chile --owns property, has a job...etc), he just wants the ability to come and visit his kids (us)

Also, is there any kind of form that can be used to possibly reduce the 10 year ban?

Edited April 17, 2012 by blueburnsorange

[Mellow 8]

thank you to both of you for taking the time to reply. It is really appreciated.

Would you happen to know if there was any other way we can get him to come back? The goal here is to get him to come and at least visit once or twice a year. He no longer wishes to live in the States (has reasons to stay living in Chile --owns property, has a job...etc), he just wants the ability to come and visit his kids (us)

Also, is there any kind of form that can be used to possibly reduce the 10 year ban?

"After an alien has been removed from the United States, there are limited circumstances under which he can return. The opportunities available for returning to the U.S. will vary depending on the reason for the removal."

Your father can file for "PERMISSION TO RETURN AFTER REMOVAL/DEPORTATION". File Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal. Depending on the reason for your removal, you will likely also need to submit Form I-601 which is an Application for Waiver of Grounds of Inadmissibility.

See here: http://www.vkblaw.com/law/permission.htm .

It's best to hire an immigration lawyer for this.

[aleful 1,905]

"After an alien has been removed from the United States, there are limited circumstances under which he can return. The opportunities available for returning to the U.S. will vary depending on the reason for the removal."

Your father can file for "PERMISSION TO RETURN AFTER REMOVAL/DEPORTATION". File Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal. Depending on the reason for your removal, you will likely also need to submit Form I-601 which is an Application for Waiver of Grounds of Inadmissibility.

See here: http://www.vkblaw.com/law/permission.htm .

It's best to hire an immigration lawyer for this.

there is no waiver for petition filed from children, children don't qualify for the hardship letter. he will have to wait his 10 year ban and maybe then his USC children can file for him.

[Mellow 8]

If the father only wants to visit, there is a Non-immigrant waiver.

Applicants for nonimmigrant visas, such as B1/B2, H-1B, L-1, or J-1 can apply for waivers of inadmissibility, and on that ground can be granted visas or admission to the U.S. A nonimmigrant waiver is applied for at a U.S. consulate in conjunction with a nonimmigrant visa application and no specific form is required. The standard of proof for a nonimmigrant waiver is often easier easier to meet than for an immigrant waiver. The following factors are considered in granting a nonimmigrant waiver:

Risk of harm to society if the applicant is admitted.

The seriousness of the applicant’s prior immigration law, or criminal law, violations, if any.

The nature of the applicant’s reasons for wishing to enter the United States.

While a nonimmigrant waiver is easier to obtain, the drawback is that it is temporary. It is valid for a maximum five year period but only authorizes nonimmigrant admissions. It does not authorize an alien to apply for permanent residence. Only the immigrant waiver can accomplish that.

[Boiler 46,109]

After years he can apply for a Visitor Visa, he may also need a NIW.

[JimVaPhuong 4,863]

If the father only wants to visit, there is a Non-immigrant waiver.

Applicants for nonimmigrant visas, such as B1/B2, H-1B, L-1, or J-1 can apply for waivers of inadmissibility, and on that ground can be granted visas or admission to the U.S. A nonimmigrant waiver is applied for at a U.S. consulate in conjunction with a nonimmigrant visa application and no specific form is required. The standard of proof for a nonimmigrant waiver is often easier easier to meet than for an immigrant waiver. The following factors are considered in granting a nonimmigrant waiver:

Risk of harm to society if the applicant is admitted.

The seriousness of the applicant’s prior immigration law, or criminal law, violations, if any.

The nature of the applicant’s reasons for wishing to enter the United States.

While a nonimmigrant waiver is easier to obtain, the drawback is that it is temporary. It is valid for a maximum five year period but only authorizes nonimmigrant admissions. It does not authorize an alien to apply for permanent residence. Only the immigrant waiver can accomplish that.

A waiver of inadmissibility isn't his problem. He was previously deported. He needs permission to enter the US after deportation. He needs a waiver of the deportation bar. I disagree with the others regarding how long that bar is in effect. The five year bar is usually for aliens who were given expedited removal or who were ordered deported at the end of removal proceedings that were initiated at the time they entered the US. Aliens who were admitted and then subsequently placed in removal usually receive a 10 year bar. Aliens who violate an order of voluntary departure or who are deported more than once often get a 20 year bar.

The US government is not very aggressive about enforcing immigration law against people who are in the United States and not engaged in criminal activity, but they don't like being jerked around once they've issued an order. The OP's father was placed in removal proceedings. The offered him voluntary departure, and he agreed to leave. He then ignored the order and stayed in the US anyway. He was caught again, and this time he was deported. I don't imagine a consular officer is going to be very sympathetic about his situation, and grant him a discretionary waiver.