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I-130 for for Deported Parent

By NASL92 in Bringing Family Members of US Citizens to America

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NASL92 Newbie

NASL92   0

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I am currently attempting to fill out a I-130 form for my father. He is currently in Peru and has been there since 1994 (past 10 year ban). He was deported after being found guilty for a felony of theft in VA. My question is, is filling out an I-130 form the only action that I can perform, or is this situation become too complicated that would require a lawyer?

 

Thank you for your help!

Boiler Grand Master

Boiler   46,162

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Filed: K-1 Visa Country: Wales
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Posted (edited)

Begs the question if he is eligible for a waiver for the Felony, some are some are not.

 

Assuming he is does he have a qualifying relative to file a waiver, parent, spouse?

 

 

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

NASL92 Newbie

NASL92   0

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1 minute ago, Boiler said:

Begs the question if he is eligible for a waiver for the Felony, some are some are not.

 

Assuming he is does he a qualifying relative to file a waiver, parent, spouse?

 

 

I would not know if he is eligible or not, I suppose I would have to figure out the status behind that.

 

Would I not be able to file a waiver on his behalf, since I am his son?

Boiler Grand Master

Boiler   46,162

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Filed: K-1 Visa Country: Wales
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Posted

Child is not a qualifying relative.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

arken Mentor

arken   4,197

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Filed: F-2A Visa Country: Nepal
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40 minutes ago, Boiler said:

Begs the question if he is eligible for a waiver for the Felony, some are some are not.

 

Assuming he is does he have a qualifying relative to file a waiver, parent, spouse?

 

 

Why does his father need a waiver if it is past the 10 year bar?

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Boiler Grand Master

Boiler   46,162

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Filed: K-1 Visa Country: Wales
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1 minute ago, arken said:

Why does his father need a waiver if it is past the 10 year bar?

I assume that was for illegal presence.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

NigeriaorBust Grand Master

NigeriaorBust   4,087

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Filed: Citizen (apr) Country: Nigeria
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Posted

  The 10 year bar for illegally being here, then there is the deportation and the fact the man is a felon.  He probably has a lifetime ban. I would think theft is also a CMIT crime.  Filing may be no more than donating money to immigration if he can never get a waiver. 

This will not be over quickly. You will not enjoy this.

Going through Mentor

Going through   5,671

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Filed: Citizen (apr) Country: Canada
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Posted (edited)
14 hours ago, arken said:

Why does his father need a waiver if it is past the 10 year bar?

Because of the felony, likely a separate issue due to added inadmissibility.

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
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Posted
2 hours ago, Going through said:

Because of the felony, likely a separate issue due to added inadmissibility.

I agree. Just so OP isn’t confused, if i’m not wrong, his father cannot apply for waiver at his time even if the father’s father is the qualifying relative. Only when OP’s father appears for the interview and if the CO finds him inadmissible under certain sections, then only he can apply for the waiver.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Boiler Grand Master

Boiler   46,162

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

There is hardly and doubt he is inadmissible, the question is whether a waiver is available.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   46,162

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

I personally would have a consultation to see of it is even worth starting.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Amadia Proficient

Amadia   711

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted
22 hours ago, NASL92 said:

I am currently attempting to fill out a I-130 form for my father. He is currently in Peru and has been there since 1994 (past 10 year ban). He was deported after being found guilty for a felony of theft in VA. My question is, is filling out an I-130 form the only action that I can perform, or is this situation become too complicated that would require a lawyer?

 

Thank you for your help!

Hi,

 

This article explains some things that may answer your questions:
http://www.apsanlaw.com/law-178.Waiver-I-212-Application-for-Permission-to-Reapply-for-Admission-into-the-United-States-after-Deportation-or-Removal.html

IR-1/CR-1
Spoiler

GOT MARRIED: 3-APR-2015 :wub:

HUSBAND FILED I-130: 29-MAY-2015

VISAS APPROVED: 15-JUN-2016

VISAS IN HAND; GREEN CARD FEES PAID: 21-JUN-2016

PORT OF ENTRY - FT. LAUDERDALE INTL AIRPORT: 06-AUG-2016
CONDITIONAL GREEN CARDS RECEIVED: 23-SEP-2016
 
I-751 FILER   
Spoiler
FILED REMOVAL OF CONDITIONS: 25-JUN-2018
FILE SENT TO NEBRASKA SERVICE CENTER 11-MAY-2019
10-YR GREEN CARDS APPROVED 17-JUN-2019 
10-YR GREEN CARDS RECEIVED 21-JUN-2019 :dance: 

N-400 FILER
Spoiler
FILED CITIZENSHIP ONLINE; RECEIVED NOA1: 8-DEC-2019
BIOMETRICS WALK-IN: 18-DEC-2019
INTERVIEW SCHEDULED: 26-OCT-2020
APPROVED/SAME DAY OATH CEREMONY: 26-OCT-2020
 
US PASSPORT
APPLICATION APPOINTMENT AT USPS (ROUTINE): 16-SEP-2021
PASSPORT APPROVED: 30-SEP-2021
PASSPORT RECEIVED: 5-OCT-2021
Boiler Grand Master

Boiler   46,162

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
4 minutes ago, Amadia said:

Hi,

 

This article explains some things that may answer your questions:
http://www.apsanlaw.com/law-178.Waiver-I-212-Application-for-Permission-to-Reapply-for-Admission-into-the-United-States-after-Deportation-or-Removal.html

Does not need a I 212.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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