curiousfox

We may have done this incorrectly, but I believe she's never filed individually since she never worked since moving to USA, let's say 0 income for 20+ years. Dad was sole earner (and yes filing taxes yearly).

Just because it was mentioned a few times, could someone please clarify what hardship means in this situation for my mom (USC)? Thank you.

Hi @SalishSea – could you please clarify what you mean by this? Yes, I realize this now! Thanks also to @SteveInBostonI130 and @Redro on shedding light on this. I think I was confusing spousal and parental visas thinking they're the same process. I will do this ASAP. Looks like USCIS doesn't have any approved translators so long as the translations follows their critiera, is this correct? So, this I'm not too sure. I believe he never needed a B2 tourist visa because Taiwan falls under visa-free/ESTA for visitors and he's never stayed more than three months since he first returned after filing I-407. I'm not sure about DS-160, I will have to ask him. Thanks for highlighting this! Also just want to say a big thank you to everyone's help so far, I'm learning a lot!

Hi @SteveInBostonI130, thanks for your response. I was jumping ahead to the stage after I-130, since I'm fairly confident we won't have any issues with the initial I-130 filing Is there any difference between me filing it for my father or my mom filing it for her husband? I have heard filing for spouses are easier? They have been married for over 30+ years. She has US bank accounts, address, and state ID still Thank you, it's really not so much the processing time that's concerning, but his previous criminal records (conviction was back in 2010), and the I-407 that's more concerning whether we'd be successful this time around.

Alright y’all, here’s a bit of a tricky one. I’m hoping someone can help my family out. My family consists of: Me: Taiwan born, Taiwan Citizen, US Citizen (Naturalized) Mom (65+): Taiwan born, Taiwan Citizen, US Citizen (Naturalized) Dad (70+): Taiwan born, Taiwan Citizen, Previously US GC holder / LPR, later had to give this up due to length of no entry The situation: My parents currently live primarily in China, and have done so for about 10+ years. My mom and I would like to reapply for my dad to receive his green card again because they would like to move back to US at some point. The issue: My dad has criminal records in China due to tax evasion of imported goods (it was nothing bad like narcotics or arms, etc. — think raw materials), and due to his trial and later sentence, he was away from US for over 5 years. When he reentered US when he could, CBP had him file a I-407 on the spot to give up his green card and admitted him into the US. The question: I think I just want a general idea of how likely is it for my mom to file an I-130 for him abroad (from China or Taiwan through AIT) and for him to be accepted at the I-485 stage. I don't think they qualify for any circumstances under DCF, he is in decent health thankfully. I’ve had a look, and his answers under Criminal Acts and Violations would be “no” to most of them except for questions 26-29. We have all the court documents in Chinese that we will translate, but also I’m a little concerned because the crime was phrased as “smuggling” in his official court documents. He was never denied entry or deported from US, and has come to US a few times as a tourist (never over-stayed) since his probation in China ended, but he will not be able to get a Police Certificate of Non-Criminal Record in China. We are also in the process of speaking with lawyers stateside, but wanted to get some opinions here too. Thanks everyone.