How many years is an alien deportable under the INA §237 (a)(1)(B) (overstaying tourist visa).

Asked almost 3 years ago - Los Angeles, CA

My father came to U.S on June 18, 2002 on a tourist visa and applied for an asylum case, but never appeared on the final hearing before an immigration judge. Consequently, hewas found removable from the country under the section mentioned above. The decision was made on Feb. 20, 2003 (247 days total from the day of arrival).

Are there any waivers available for him to come here with an immigrant visa?
I became a U.S citizen and can sponsor him to come over

Thanks

Attorney answers (3)

  1. Jeffrey Adam Devore

    Contributor Level 20

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    Answered . It appears that your father was ordered removed in absentia due to his failure to appear. In such a case he is subject not only the typical 10 year period of inadmissibility but to separate a 5 year period of inadmissibility due to the absentia order. Both periods would begin to run from the date of his departure from the U.S. However, the 5 year period can only waived upon a showing that his failure to appear was "reasonable."

    More facts are needed to fully evaluate this case. The fact that you are a U.S. citizen (presumably over 21 years of age) is a good start. Consult with an experienced immigration attorney who can review the case and recommend how best to proceed to reunite you with your father.

  2. Philip Alan Eichorn

    Contributor Level 19

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    Answered . If your father failed to appear for a hearing, then he's likely been removed in his absence. That's a bigger issue that needs resolution before you deal with others. Please retain counsel, obtain your father's court file and work with your attorney to make determinations on whether or not there is an in absentia order and what other bars may be in place.

  3. Jason Todd Lorenzon

    Contributor Level 16

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    Answered . You should consult with an immigration attorney. Where is your father? Does he have a USC or LPR parent or spouse if he is not in the United States? If he left, he is more than likely subject to a 10 year bar. Again, not knowing the specific facts of his case, it is hard to determine how he can adjust. You as a USC can petition for him and he is an immediate relative. However, the question is how can he get his green card. Consult with an experienced immgiration attorney. Good luck.

    Mr. Lorenzon's answer to your question does not establish an attorney client relationship, but rather is meant to... more

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