i601 for my father, what to do??

[FrankBooth 0]

Hello,

I have applied to bring my mother and father to the U.S. They have issues my mother an PR visa but they denied my father's due to an illegal entry into the U.S. over 30 years ago.

There are no criminal or medical issues in the way. The hardship would be that my mother would be separated from my father. I don't know what evidence one can show to prove that that is a hardship, it wouldn't be financial because I would be supporting both anyway. My mother has written an affidavit in his support, but I'm just wondering if there's anything else that can be sent?

Also, it was unclear at the visa interview if they sent the documents to the office handling the i601 or, does anyone know, do we have to resend birth certificates and marriage documents all over again?

Thanks!

FB's wife

[amykathleen2005 441]

The hardship would have to be on the citizen, you.

[FrankBooth 0]

The hardship would have to be on the citizen, you.

Yes, thank you for your reply. It's a bit subjective, isn't it? I mean, how can I provide documentation that it would be very distressing to me to not have my dad here with me?

[Boiler 45,952]

Nope.

Child is not a qualifying relative to submit a hardship waiver. Needs to be Spouse or Parent.

Maximum ban for an overstay is 10 Years? Multiple entries?

[aleful 1,905]

Hello,

I have applied to bring my mother and father to the U.S. They have issues my mother an PR visa but they denied my father's due to an illegal entry into the U.S. over 30 years ago.

There are no criminal or medical issues in the way. The hardship would be that my mother would be separated from my father. I don't know what evidence one can show to prove that that is a hardship, it wouldn't be financial because I would be supporting both anyway. My mother has written an affidavit in his support, but I'm just wondering if there's anything else that can be sent?

Also, it was unclear at the visa interview if they sent the documents to the office handling the i601 or, does anyone know, do we have to resend birth certificates and marriage documents all over again?

Thanks!

FB's wife

ditto,

children don't qualify for hardship for parents. plus separation isn't a hardship.

[FrankBooth 0]

Nope.

Child is not a qualifying relative to submit a hardship waiver. Needs to be Spouse or Parent.

Maximum ban for an overstay is 10 Years? Multiple entries?

Not an overstay, just an illegal entry, one time. What I have read that the law limits ban up to 20 years for such an offense, if I understood correctly. This was over 30 years ago.

[belinda63 3,041]

Sounds like more to the story, did he maybe enter claiming to be a US citizen or using a fake passport? You need to find out why he has been banned for so long to know if there is even a waiver available. As stated above, your mother would have to apply for him and the waiver after she becomes a citizen.

[Boiler 45,952]

She can apply as a LPR, the basis would be interesting however.

[Sandra G. 5,057]

He made an illegal entry to the US 30 years ago. The maximum bar imposed for illegal entry is 20 years, the bar was lifted 10 years ago, why does he need a waiver?

Edited August 6, 2012 by sandranj

[Boiler 45,952]

Never hear of a 20 year bar, or one for illegal entry.

[beejay 125]

When did you father depart the US after his illegal entry?