5 years enter ban and green card filling

[Maya1234 1]

Hello,

I have a pretty awkward situation, I am helping my husband’s uncle. All his family is in the USA ! So basically mom  ( 88 years old ) on welfare wants to fill the green card aplication for his son which is in Spain to come to the USA ! 
He’s been into the USA once with turist visa and he got 5 years banned! The ban expired last year ! Now he’s divorced in Spain and he would like to come to the USA but his EFTA got denied , so he can’t even visit ! Now he wants to apply for green card ! Does form 130 is enough or needs to fill up form i660 to apologize for his mistake for which he got banned? Thanks much for whoever has any idea how to start ! 
 

Edited January 30 by Maya1234

[milimelo 4,581]

If ban expired, then it will just be the wait time for I-130 processing and until his PD number becomes current. Hopefully there's a back up plan given his mother's age. 

[Boiler 46,336]

He was deported for a reason wonder if there might be other issues 

[Maya1234 1]

26 minutes ago, Boiler said:

He was deported for a reason wonder if there might be other issues 

Yes , that’s what I was wondering if he will have any issues , his EFTA from Spain got denied, the ban has been expired , it expired last year but he still got his EFTA denied ! Now maybe with the green card might be different but he is aware the future applications might be denied ! His mother is old and he wants to see her before she goes! It’s a pretty sad situation ! 
Form I 601 is to remove the travel ban which basically expired last year but I wonder if it’s a good idea to submit it anyway to apologize for what he did ! 
Thanks! 

[Boiler 46,336]

If he needs a waiver he will be advised at the interview 

[appleblossom 3,392]

17 hours ago, Maya1234 said:

Yes , that’s what I was wondering if he will have any issues , his EFTA from Spain got denied, the ban has been expired , it expired last year but he still got his EFTA denied ! 

 

Because once he violated the terms of a visa, ESTA was no longer an option for him. He’ll never be able to use it again and will always need a visa.

 

I’m going to be blunt, and say that his chance of getting an immigrant visa through his Mom is very slim given her age. He might want to try for a B visa first, before she files the I-130. I think his chances are slim of a B being granted too, but assuming his Mom can’t travel to him, it may be his only option to see her so I’d try that first (just make sure he know he can only visit on that visa if by any chance it is granted!). 

 

Once he’s tried for the B, then assuming that is denied, the Mom should file the I-130 asap. And ideally as said above, there should be a back up plan given her age, so if there are any other relatives that can petition him, they should do so as well.