Bringing Dad Back After Deportation

[ThompKat 0]

Hello, ready to start this journey, but need some guidance 

Story: Dad got deported 22 years ago, he left and they told him that he could come back 10 years later. Well he made a life there and now has a 14 year old son, and as he is 71 years old now, he wants to come back and see if there is a chance he can also get the green card for my half brother. He isn't married to the kids mom. 

 

My questions are:

I know i have to apply for the I-130 (Petition for Alien Relative) and the I-485 ( Application to register permanent residence or adjust status) maybe at the same time?

But what about form I-212- Application to reapply for admissions into the US after Deportation or Removal, is this necessary after 20 years, does this need to be done before the I-130 ?

 

And if we do apply for the I-130 and I-485, can he wait for his residence card in our country or he needs to be in the US?

And after he becomes a permanent resident(hopefully), can he petition for his son?

 

Thank you for your help 

[OldUser 6,636]

5 minutes ago, ThompKat said:

 

And after he becomes a permanent resident(hopefully), can he petition for his son?

 

As the son is 14, yes.

[Timona 4,207]

Only I-130. He interviews abroad, at US embassy in home country. 

 

[appleblossom 2,483]

Just to add to the above, he can petition his son, but as he'll only be a green card holder, his son won't be an immediate relative - so it'll take much longer. He just needs to be prepared for that. If his son is 14 now then he'll probably be an adult by the time he gets a visa. 

[SalishSea 17,820]

3 hours ago, ThompKat said:

Hello, ready to start this journey, but need some guidance 

Story: Dad got deported 22 years ago, he left and they told him that he could come back 10 years later. Well he made a life there and now has a 14 year old son, and as he is 71 years old now, he wants to come back and see if there is a chance he can also get the green card for my half brother. He isn't married to the kids mom. 

 

My questions are:

I know i have to apply for the I-130 (Petition for Alien Relative) and the I-485 ( Application to register permanent residence or adjust status) maybe at the same time?

But what about form I-212- Application to reapply for admissions into the US after Deportation or Removal, is this necessary after 20 years, does this need to be done before the I-130 ?

 

And if we do apply for the I-130 and I-485, can he wait for his residence card in our country or he needs to be in the US?

And after he becomes a permanent resident(hopefully), can he petition for his son?

 

Thank you for your help 

Will take many many years.   If you are a USC, you may want to also petition for sibling in case the father doesn’t live that long.

[OldUser 6,636]

2 hours ago, appleblossom said:

Just to add to the above, he can petition his son, but as he'll only be a green card holder, his son won't be an immediate relative - so it'll take much longer. He just needs to be prepared for that. If his son is 14 now then he'll probably be an adult by the time he gets a visa. 

I was under impression unmarried minors of LPRs are immediate relatives? 

https://www.uscis.gov/family/family-of-green-card-holders-permanent-residents

 

Or am I reading this incorrectly?

The kid is 14. One could think his father can become an LPR withing 2-4 years?

 

1 hour ago, SalishSea said:

Will take many many years.   If you are a USC, you may want to also petition for sibling in case the father doesn’t live that long.

Why?

 

Just now, OldUser said:

I was under impression unmarried minors of LPRs are immediate relatives? 

https://www.uscis.gov/family/family-of-green-card-holders-permanent-residents

 

Or am I reading this incorrectly?

The kid is 14. One could think his father can become an LPR withing 2-4 years?

 

 

[appleblossom 2,483]

5 minutes ago, OldUser said:

I was under impression unmarried minors of LPRs are immediate relatives? 

https://www.uscis.gov/family/family-of-green-card-holders-permanent-residents

 

No, they're preference category F2A. 

 

So a couple of years for Dad to get his green card (roughly - quite possibly longer with his history as I suspect that might complicate things). Then he can petition for the child, currently those in F2A who applied prior to Nov 2021 are able to get visas, so approx 3 years wait. Obviously that wait may well shorten or lengthen between now and the Dad being able to petition for the child, but using that as a guide means 7-8 years before the child can move to the US. 

Edited September 27 by appleblossom

[OldUser 6,636]

7 minutes ago, appleblossom said:

 

No, they're preference category F2A. 

 

So a couple of years for Dad to get his green card (roughly - quite possibly longer with his history as I suspect that might complicate things). Then he can petition for the child, currently those in F2A who applied prior to Nov 2021 are able to get visas, so approx 3 years wait. Obviously that wait may well shorten or lengthen between now and the Dad being able to petition for the child, but using that as a guide means 7-8 years before the child can move to the US. 

Thank you for explaining.

[SalishSea 17,820]

15 minutes ago, OldUser said:

Thank you for explaining.

And as the father is now in his 70s, it would be extra “insurance” to at least have a sibling petition filed.

[OldUser 6,636]

3 minutes ago, SalishSea said:

And as the father is now in his 70s, it would be extra “insurance” to at least have a sibling petition filed.

Absolutely