Bring Dad but he was deported twice in 1962

[Avery Cates 1,141]

Seems to me given the obvious lack of respect for anything American his best bet is to remain in Mexico until he expires, even if there were a chance he'd ever be eligible for a visa.

[newacct 688]

1st EWI is 10 years ban wait to be eligible for waiver. 2nd EWI is 20 years, so his ban should be lifted but need to apply for I-212

http://www.nolo.com/legal-encyclopedia/after-removal-possibilities-reentry-the-us.html

Bien dicho!! Its my tax - you are taking from me.....

No. First of all, you are talking about bans for removal, which did not exist until 1997. Second, if a ban is over that means you do not need to apply for anything.

[newacct 688]

I want to bring my dad to USA not really as a permanent resident but a simple VISA would be ok since we are planning just he to visit us for a month or two at a time.

he tried to get a visa 4 years ago but the system found his deportations of 1962 and got denied and now is registered that he lied on that visa application of his past deportation.

he is 72

what is my best route?

He might have a 6C misrepresentation ban. You say he is not immigrating, so he would be applying for a nonimmigrant visa, with a nonimmigrant visa waiver. There is no form to apply for a nonimmigrant waiver; it is adjudicated by the consular officer who handles the visa application. If he is denied a visa due to a ban (and not due to something else like immigrant intent), they will let him know how to ask for a waiver. As others have said, it does not look promising.

[Friend2ya 9]

No. First of all, you are talking about bans for removal, which did not exist until 1997. Second, if a ban is over that means you do not need to apply for anything.

Yea you are right...

[Hypnos 6,578]

Given his material misrepresentation on his recent application (failing to disclose prior deportations) then that is a lifetime bar that he has right now.

There's probably a waiver he can attempt, but given his history it sounds like a long shot at best.

[Jawaree 718]

If all this was prior 1977, an immigrant visa with a waiver for misrep may fly

with the help of an atty.....if he had not lied on app. & tried for a D3 waiver

to visit he may have been approved due to his age and the dates of deportation,

but the recent lie worked against him. OP bear in mind kids CANNOT waiver

parents for overstays ONLY some CIMTs that' is waivable

The I212 would not be required just I 601, speak to an atty

There's no appeal process for a visitors visa

Edited January 27, 2016 by Jawaree

[Boiler 46,147]

As has been said his main issue is not his prior crimes, it is lying about them.

Maybe try again in say 5 years and this time tell the truth and hope?

Waiver available for non immigrant visa's but first he has to be otherwise eligible and he has not passed that test.

[Andrea&Henry 311]

I'm not concern about the double deportation almost 50 years ago, I'm more concern about he recently lied about during his interview. I would safe the money on lawyers cause I think his case it's lost

[Boiler 46,147]

Nothing a Lawyer can do.

Edited January 27, 2016 by Boiler

[IcezMan_IcezLady 582]

"Fool me once, shame on you..Fool me twice, shame on me...." but you want a 3rd time??

Your dad's track record does not go away because he is 72?..There are seniors on death row (i am been dramatic..i know)

But the point is, no CO will buy your "visit" story.

[HFM181818 750]

He might have a 6C misrepresentation ban. You say he is not immigrating, so he would be applying for a nonimmigrant visa, with a nonimmigrant visa waiver. There is no form to apply for a nonimmigrant waiver; it is adjudicated by the consular officer who handles the visa application. If he is denied a visa due to a ban (and not due to something else like immigrant intent), they will let him know how to ask for a waiver. As others have said, it does not look promising.

Actually, a CO does not adjudicate a nonimmigrant visa waiver...they do play a significant role in the outcome, as they can provide a narrative (based on the interview) that can either suggest approval, or not suggest approval...DHS/USCIS has the final say, but they tend to approve or deny largely on what the CO suggested.

Of course, overcoming 214b will now be the most difficult thing to do, especially now that he has severely damaged his credibility. 214b denials cannot be waived; the applicant has to overcome 214b before being able to ask for a waiver.

[Ban Hammer 13,576]

reminder to offer constructive advice to the op only and also - please refrain from using other than english when not posting in the regional forums.

[HFM181818 750]

the above advice is constructive, as I clarified a point made by someone else that was slightly erroneous (in that COs adjudicate NIV waivers, which they don't).

[Eric & Idalia 56]

reminder to offer constructive advice to the op only and also - please refrain from using other than english when not posting in the regional forums.

At last someone said it.

Ok, OP, do you have Facebook? I am from Saltillo, Mexico and I have the USA Consulate General Monterrey on Facebook. They have events where they answers some questions. The next one is on Feb 5 3 PM in UTC-06.

Here is the link to go to USA Consulate General Monterrey on Facebook: https://www.facebook.com/usaconsuladomty/?fref=ts

Check and look for Jan 25 that is when they posted about this Feb 5 event.

By the way, I want to say thank you for posting this. I want my dad to come and visit us some day too. His story is silly, but when he was young (teenager I think) he and his friends wanted to see how USA was. So they swam the river!! Yeah I know. Not good idea. I discovered this when we were preparing the documents for the CR1 visa and I asked him if he wanted to visit some day, to know USA.

He said the story that they wanted to see how USA was and go back. It was their adventure. They swam the river, ate in a restaurant said "naah it is not very different" and were planing to come back when the "police" he said (I guess it was ICE) came and took them to a facility. He told them they were going back to Mexico that same afternoon and that they haven't done anything (he thought it was the police). They were in that facility for days until they sent them back to Mexico. He said he lost his job because he was absent for days.

I was surprised when he told me this. Basically because he was not and is not interested in immigrate to any other place. He has lived in the same city most of his life and he loves it. He said it was an adventure for them that didn't end up as they planned it.

Before people comment not useful things, yeah I know that what he did was not OK or legal, and that he may face consequences for it now that a daughter of his fell in love with an USC and moved to New Mexico. We plan to disclose this information on a visa application when he wants to come and visit.

Regards.

Regards.