Does he need both the I-212 & I-601??

[BettyN15 0]

Long story short, my father-in-law was deported in March 2010 and got a 10 year ban for over staying. He has lived in Canada since and has a landed immigrant status there. He would love to come visit his family here in the US and has asked us to help. I'm not sure on what forms he needs to file and was hoping someone here could help. It has been awhile since I have worked with all this immigration stuff but when I helped my husband apply for citizenship we had  to file both forms I-212 & I-601. Because he only plans to visit I wasn't sure if he needed to do the same? I have also been looking at the I-192 and thinking that he will need that as well. Hopefully someone here can help clarify this for me! TIA

[Boiler 45,880]

They are for immigrant visa's, he would need to apply for a visitor visa and be recommended for a waiver.

[jan22 3,056]

He needs to apply for a visitor visa (B2).  If the officer decides he qualifies for the visa on all criteria, they will process a waiver for him and submit it to USCIS, which may or may not approve it.

 

How long did he overstay?  Was there any other reason for his deportation?  What family does he have in the US?  What is his situation in Canada in terms of job, family, etc.?  These are all things the officer will look at.

Edited October 11, 2017 by jan22

[BettyN15 0]

He lived in the US since 1992 as an illegal. Him and his brother got into an agrument and we believe that his brother turned him in. ICE came to his house and told him there was a warrant out for his arrest and deported him. He hasn't been back since then, he has a great job and a house and no intention of moving to the US. He has two sons in the US one is my husband and 4 grandkids, two of them he has never seen in person. We weren't sure if we could already apply or if we needed to wait out the 10 year ban.

[Boiler 45,880]

Does not sound like an obvious candidate, but no harm him trying, let us know how it goes.

[geowrian 22,338]

1 minute ago, BettyN15 said:

He lived in the US since 1992 as an illegal. Him and his brother got into an agrument and we believe that his brother turned him in. ICE came to his house and told him there was a warrant out for his arrest and deported him. He hasn't been back since then, he has a great job and a house and no intention of moving to the US. He has two sons in the US one is my husband and 4 grandkids, two of them he has never seen in person. We weren't sure if we could already apply or if we needed to wait out the 10 year ban.

He can apply and they can recommend a waiver after getting otherwise approved for the visa. However, I personally think it's a long shot given his history. But worst case is it's only a $160 donation.

 

Even if his brother reported him, it's unlikely that would cause ICE to show up. I'm assuming the real issue was the warrant for his arrest. What was the charge? They will take into consideration the criminal history as well.

[BettyN15 0]

I would have to ask him what the charges were for but I think it was only for having re-entering the US illegally after having been previously deported.

[geowrian 22,338]

6 minutes ago, BettyN15 said:

I would have to ask him what the charges were for but I think it was only for having re-entering the US illegally after having been previously deported.

Oh...that's potentially a big issue if he was previously removed as well. If he was illegally in the US for at least 12 months, left, then came back, then there might be a 9C bar. A 9C is a permanent bar and only waivable after 10 years outside the US.

Edited October 11, 2017 by geowrian

[Boiler 45,880]

Sounds like a very very long shot. Spend the money on visiting Canada.

[jan22 3,056]

5 hours ago, BettyN15 said:

I would have to ask him what the charges were for but I think it was only for having re-entering the US illegally after having been previously deported.

Oh!  This information changes things completely.  So, he was deported sometime prior to his 1992 illegal entry?  If so, this is not something US immigration views lightly, even if it is the "only" charge against him.  He is permanentry ineligible for entry into the US without a waiver of this ineligibility.  There is no waiver he is even eligible for until he has been outside the US for 10 years.  If this information is correct, he shouldn't  bother to apply until the 10 years have passed, as there is no possibility of a visa.  

 

BTW, in addition, he undoubtedly worked without authorization during his long time in the US.  If he used a false identity --especally if he ever used documents of a US citizen -- he might be facing other ineligibilities, too.

Edited October 11, 2017 by jan22

[BettyN15 0]

Since the late 80s they would come back and forth legally to make money but in 1992 they decided to stay here. He was able to get a DL and a SSN somehow. I will let him know that he will have to wait it out, and even if he does wait, that it will still be a long shot. Thank you all for your quick responses!