Petition for father, better to do Adjustment of Status or leave country and do a I130?

[campcl0 1]

My father is currently in the country and I (US citizen) am planning on petitioning for him. He has not been home in 9 years and was wondering if it would be easier and a faster process for him if he were to return to Mexico and have me file an I-130 petition. or if it would be best for him to stay in the US and file the form with an Adjustment of Status(I-485)?

Please help!

[Hypnos 6,577]

When did he most recently enter, and in what status? If he's been in the US for those 9 years, what's he been doing?

[B and H 18]

Did he enter legally, even if he's out of status right now?

[campcl0 1]

He entered the country illegally and has been working this entire time. He tried to adjust status through employer in 1998 but did not complete the process.(it was not denied, it was just not completed). then he left to mexico for a few months and re entered the country illegally in 2007.

He has his own social security number and has been working this entire time.

[Merrytooth 5,748]

I don't think you as USC can apply for a I-601a provisional waiver for your father since he entered without inspection

There is no immigrant waiver for the unlawful presence ban (9B) based on hardship to a child of the immigrant. There is only an immigrant waiver for the 9B ban based on hardship to a spouse or parent of the immigrant who is a USC or LPR.

Edited October 21, 2016 by Merrytooth

[aleful 1,905]

hi

unless the laws change, unfortunately you can't file for him, there is no waiver for him as you don't qualify for the hardship letter

[Hypnos 6,577]

He has no status to adjust from as an EWI, so cannot AoS.

As stated above, a child isn't a qualifying relative to file an I-601, so that's likewise not an option.

He has no path to permanent residency.

[nightingalejules 678]

He has no status to adjust from as an EWI, so cannot AoS.

As stated above, a child isn't a qualifying relative to file an I-601, so that's likewise not an option.

He has no path to permanent residency.

Well, that's not quite true. Provided he hasn't broken any other laws, he is subject to a 10 yr ban. But if he left the US and waited, he would qualify to be allowed back in as an LPR. Not easy or ideal, but there is a path.

[Hypnos 6,577]

I was thinking in the context of either AoS or an immediately-waiverable immigrant visa bar, but yes, you're right.

I should have said he had no *immediate* path other than waiting out his ten year bar, which by definition cannot be done whilst he's still in the US.

[Boiler 45,760]

Hmm, my post did not go through.

Looks like he is also 9C.

And a child can not file a waiver.

[Cathi 5,771]

The only way for you to petition for him is if he returns home and he waits out his 10 year ban and then you petition for him. There is no waiver availble for him so this is the only path to becoming legal in the US.

[Boiler 45,760]

9C is a lifetime ban, waiverable after 10 years.

[EM_Vandaveer 2,408]

Hmm, my post did not go through.

Looks like he is also 9C.

And a child can not file a waiver.

I agree. 9c. Permanent ban. OP, if your father leaves the US he will NEVER be able to come back legally. I'm sorry. There is nothing you can do.

After 10 years, a waiver could be filed, but a USC child is NOT a qualifying relative for a waiver.

Edited October 21, 2016 by EM_Vandaveer

[kris&me 572]

HOw did he get SS number?

and working illegally?

[Boiler 45,760]

Back in the day you just applied for a SSN, anybody could get one.