Non-US father of a US citizen daughter wants to come to USA

[GitmeOuttaHere 0]

My wife is a US citizen and sponsored myself and our kids just over 3 years ago. Things have been great and we all have our GC's and I have not yet done the paperwork process to become a naturalized citizen yet and our kids are still under 18, so we have not done anything with that yet either....

Now my wife's father wants to come to the US and stay here permanently....He did have a GC back in the 60's, but turned it in and went back to Canada in 71, no he seems to think he can do an SB1 after a 40+ year absence, and baring that thinks my wife can just sponsor him if the SB1 route doesn't work. She/we do not want to be financially responsible/don't want to sponsor him. What does anyone think his chances are of getting here on and SB1. And if my wife already sponsored us 3 years ago, is there a waiting period before she can legally sponsor another family member.

We would prefer that for a number of personal reasons he stays in Canada and just snow birds it to the US for 6 months at a time, but that does not seem to be good enough for him.

[Hypnos 6,576]

His chances of receiving an SB-1 after an absence of 50 years are absolutely zero.

The only way would be for your wife to file a new I-130 and begin the process anew. She would have to provide sponsorship via an I-864 as part of this.

Provided your wife's income is sufficient, or you have someone willing to be a joint sponsor, he can be petitioned right now.

Edited February 15, 2016 by Hypnos

[Ontarkie 14,225]

Well since your wife has a family of 5 maybe telling him her income isn't enough to bring him as that would be 6. (A little white lie maybe)

It seems she has good reason to keep it this way. She maybe also ask for proof of how he will pay for health insurance.

[GitmeOuttaHere 0]

Ok, wanted to post a quick update, My wife's father set up an appointment thru infopass and went and met with the immigration people and the "supervisor" told him that all he has to do is fill out an I-90 to get his GC back, they even pulled up his file from 1961 when he moved to the US and became and LPR at that time....

Apparently when you turn in your GC to Canadian authorities back in 71 they didnt care to do anything with it, and because of the VWP no passports were required back then, so there is no stamps on his passport/no way of tracking him from back then/or even now for that matter, so they are still considering him to have been a PR this whole entire time??? They don't even consider his 30 yr absence an issue, and said worst case scenario he may have to go in front of a judge, and they would not do anything about that anyway and would allow him to stay.

What I am concerned about is that there is a question on the i-90 that says "Since your were granted PR status have you ever filed form i-407 (abandonment of status), or otherwise determined to have abandoned your status".........to me when you leave and move back to Canada after 10 years and then want to move back to the US, that is "abandonment"......They x'd out that section on his copies saying that he doesn't have to fill that section out?

WTH It is no wonder there are so many problems with our system. I was hoping they were going to make it a little harder for him.

Also his classification of admission from back in 61 shows as an 01M.....I cant even find that CoA any more.

Edited February 26, 2016 by GitmeOuttaHere

[Hypnos 6,576]

After ~45 years his LPR status is long gone.

How did he enter the US to attend this Infopass in the first place? If he just entered as a Canadian tourist then by definition he has represented himself to CBP as a nonimmigrant.

[GitmeOuttaHere 0]

He crossed over back in October planning to visit as a snowbird and stay the max of 6 months, you can just show your Canadian passport as you drive across the bridge. I don't get how they can claim he still has a valid LPR status after such a lengthy absence either, but they don't seem to care. They say that since his passport has never been stamped that they have no way of verifying he wasn't in the US the entire time??

I currently have a valid Canadian passport that I renewed in 2015 even though I am a PR in the US, I used my GC to come back to the US and they never stamped my Canadian passport, I am sure that if I was to go back to Canada and come back 40 yrs later I would not be so lucky.

[Hypnos 6,576]

Well he can't be both an LPR and at the same time enter on a Canadian passport as a Canadian tourist.

He has represented himself as a nonimmigrant to CBP, and that's the basis he was granted entry to the US, not as an LPR.

I am extremely doubtful of what he has been told.